Dilemma

[JDug]

Ok I have a dilemma. I found my G G G Grandfather's homestead site. The problem is it's on state land. This is land the state took from my family to put in a highway interchange and never put in the interchange. The signs just say no weapons. What should I do?

 

Amazon Forum Fav 👍

Agony and Death on a Gold Rush Steamer: The Disastrous Sinking of the Side-Wheeler Yankee Blade - Grab it through Amazon!

[Tom_in_CA]

reply

Ok I have a dilemma. I found my G G G Grandfather's homestead site. The problem is it's on state land. This is land the state took from my family to put in a highway interchange and never put in the interchange. The signs just say no weapons. What should I do?

There is the common misconception md'ing forums, that md'ing on state lands is a no-go. This is wrong on several levels. For starters, in any of the given 50 states, there is multiple levels and layers of "state land", to begin with. For example, there are state PARKS. And then perhaps there is state road right-of-ways (the land that borders the edges of the roads, that can extend out quite far, in all directions....). And then perhaps there is state land that has not yet been made into parks yet. In other words, not all state land is parks. There could be state buildings on them for various bureaucracies (departments of motor vehicles places, for instance), etc.. And the reason so many md'rs assume to "avoid state land", is because of the noble efforts, decades ago, to create state-by-state's listings, of their laws, concerning their state parks. The idea being, decades ago when such lists started circulating, was so that if you were a traveller (let's say), going state-to-state in your RV, perhaps you'd wonder if you could whip out your detector at the state parks wherever you travelled to. Seems reasonable enough, eh? So how did those persons compile their lists? They asked! Like this is the way R.W. doc Grim got his material, for his book, afterall. He simply xeroxed off 50 form letters, sent them to every state's state capitol's head parks' dept office (over-seeing their state parks within those states). The letter would ask "what are the rules or laws concerning the use of metal detectors in your state parks?". Then Doc Grim would simply compile the answers he received back, in alphabetic order, in his book, for readers to have as easy go-to info.

Sounds reasonable enough, eh? I mean, .... who better to ask, than the states themselves, RIGHT? But a curious thing happened when his, and other such studies/lists were done. Some of the more dire sounding states (or with outright "no's"), had simply been detected up till then (at their state parks, beaches, campgrounds, etc...) and it had never been a problem. Ie.: no one had ever cared (unless, I suppose, if you were being a nuisance around obvious historic monuments or whatever). Now all of the sudden there's this book or list telling them they can't be doing it? You see what happened? Whomever, in state capitol, that is fielding such a question, simply gives the easy answer. Or morphs things they think applies to the "pressing question". Like cultural heritage verbage, or lost & found laws, or disturbing the vegetation stuff, etc... Because, let's face it, there is probably in any given state's parks, perhaps some that ....... sure ...... are historically themed, and no one wants yahoos "digging it up", etc... And even though perhaps at the other 99%, no one had ever cared, nor will ever care, yet ......... the person answering the letter can't go into such detail as "yes over here, but no over there, blah blah blah". So what was the easy answer? It was either "no", or "inquire everywhere you come to", etc..... It was a clear case of "no one cared, till you asked" type routine, and continues to this day.

For example, a reading of the FMDAC's list might make you think CA is very restrictive. Yet I can tell you for a fact, that our state-of-CA beaches (which are administered by the very same dept. that over-sees their land parks as well) are detected all the time, and you'll never have a problem. But .... sure ....... if I went to Sacramento and asked enough archies "can I?", I suppose I'd eventually find one to say "no". Moral of the story? Leave good enough alone and don't ask silly questions.

But back to your particular question, it doesn't even appear that your spot in question, is even on state park land anyhow. Ie.: maybe "state owned", but not state PARK. So if it were me, I'd just do it. Afterall, you're just looking for that ring your great great grandfather lost there, that you read about in the diaries passed down to you, right? I mean, sheesk, how visible is the place? Is anyone really around to care, to begin with?

 

[Mackaydon]

Just do it !!
MD till you're stopped, then you have a great story that should get you out of any potential trouble.
Don....

 

[dholland02]

Just do it !!
MD till you're stopped, then you have a great story that should get you out of any potential trouble.
Don....

Conpletely agree here. Unless its got posted no trespassing signs id hit it till someone says other wise.

 

[JDug]

IT's basically in no where land 100 yards east of the highway and 400 yards west of my great uncles property line. The only activity it sees is people fishing a pond 300 yards south.

 

[Tom_in_CA]

Well then let me ask you a question: Since it's apparently just vacant land, and not fenced like ft. knox, and apparently anyone (like those fishing 300 yards south) can just walk-out-there, ..... do you think those persons fishing "asked permission"? Heck, they it probably wouldn't even dawn on them, that someone "needs permission" to do that, in the first place (unless there were a no-fishing sign, or fenced with no-trespassing signs, or whatever.)

So I really don't know why us md'rs always go around thinking we need to grovel, or need sanction, etc..... The next person who comes along and is going to fly a frisbee or go fishing just "does it", and doesn't even have the notion of "needing permission". So why do we feel we're somehow evil and needing sanctions of bored bureaucrats? No doubt because people get on forums (like this one), read scary stories of "off-limits places" or supposed fears of tickets, confiscations, jail, etc.... (but when you press people for examples of such things, you rarely ever get an actual example!!). Nonetheless, this scares newbies, so what do they do? They go asking permission, or ask if there's any laws, etc... So then guess what happens? They get "no's" in places where no one ever cared, or has any problems. But what happens next is the vicious circle: that same person you just talked into telling you "no", guess what will happen the NEXT time they see an md'r waltzing about ? They'll remember the earlier inquiry ... think "aha! there's one of THEM!" and start booting others. Thus leading to a post or thread about a "booting", which then causes even MORE people to "go ask" in their own locales. Thus leading to more "no's", etc... See the vicious self-fulfilling circle? Its as if we can be our own worst enemy.

 

[JDug]

So the short answer is quit wining and just go have fun?

 

[RJGMC]

At this point we are just waiting to see if you were able to find the lost wedding ring! We always like pictures! Lots of pictures of the cool stuff that your Grandparents lost.

Good Luck!

Are you back yet?

HI BOB!

 

[smokeythecat]

I didn't see any no trespassing signs. And it's not a park, right? Your decision.

 

[Phanntom]

Ok I have a dilemma. The signs just say no weapons. What should I do?

I looks to me the "No's" are covered and don't apply to what you're planning to do.

 

[JDug]

The plot thickens. I found the actual census of the site from 1860. It lists 12 family members and 21 slaves.

 

[GrizLeeBear]

It is always easier to say you are sorry than to ask permission. Keep your best finds in one pocket and your junk in another. If asked, just show the junk, salted with a few modern pennys.

 

[Guns Blazing]

If its not posted no trespassing, go for it. I really don't see any repercussions coming out of it. Plead ignorance

 

[Tom_in_CA]

wow, "21 slaves"? Some of those slave tags can fetch good money. And if you did find one, with the "provenance" history you can add to it, it can add more to collectors who live "provenance" dossiers to add to their collections. Now go do the right thing, join those fishermen, and find that gold ring your great great great grandpa's diary said he lost there. And when you ebay that slave tag for $3k, you owe us all a commission cut now I take paypal.