disputing what you may believe about California TRESPASS LAWS

[geolover]

Last week I got a few replies/warnings about trespassing on other peoples' property, so I checked things out for myself. In CA, IN GENERAL, there are three levels of trespass. An infraction, which I am mostly talking about. A misdemeanour (criminal trespass), which includes taking soil, rocks, etc, but mostly about not leaving after being asked. And aggravated" (felony) trespass.
First I read about what defines a misdemeanour. Basically occupying a property, not leaving after being asked, taking items including soil-rocks, passing through a fence or no trespassing signs (properly displayed).

Here is the legal definition of trespass (at the infraction level): California Penal Code Section 602.8 (a) Any person who without the written permission of the landowner, the owner's agent, or the person in lawful possession of the land, willfully enters any lands under cultivation or enclosed by fence, belonging to, or occupied by, another, or who willfully enters upon uncultivated or unenclosed lands where signs forbidding trespass are displayed at intervals not less than three to the mile along all exterior boundaries and at all roads and trails entering the lands, is guilty of a public offense.
(b) Any person convicted of a violation of subdivision (a) shall be punished as follows:
(1) A first offense is an infraction punishable by a fine of seventy-five dollars ($75).
- See more at: California Penal Code - PEN § 602.8 | FindLaw California Criminal Trespass & Trespassing Laws | Penal Code 602 PC

The land I'm talking about is uncultivated, not fenced, and does not have signage (three to a mile). As a matter of fact, there are no signs on most of these properties, and is not occupied, just wide open space. I'm not taking anything, just hiking, checking things out like the mind shaft that I found. http://www.treasurenet.com/forums/g...ula-ca-vail-lake-i-found-something-today.html

Obviously, people are going to challenge my interpretation of PC 602. But if you are, please provide specific CA law. It's not that I have to be right or that I challenge everything people tell me. This is how I learn, I don't just take someone's word or advice and apply it, I research it for myself. I remember researching this a while back when I was curious about protecting my 20 acres.

So let the conversation begin, maybe you'll bring up a good point to debunk my beliefs. Good chance I'll learn something either way.



Closely Associated Crimes with Criminal Trespass include:
PC 601(a) Trespass - threat of serious bodily injury;
PC 602(a) Trespass - remove timber of another;
PC 602(c) Trespass - injure or sever produce
PC 602(d) Trespass - remove soil or stone
PC 602(e) Trespass - dig/remove stone of street
PC 602(f) Trespass - damage/destroy highway sign
PC 602(h)(1) Trespass - injure farm animal
PC 602(i) Trespass - damage fence/gate/signboard
PC 602(k) Trespass - intent to interfere with business
PC 602(m) Trespass - enter & occupy property
PC 602(n) Trespass - drive vehicle on private property
PC 602(p) Trespass - enter closed lands
PC 602((q) Trespass - refuse or fail to leave building
PC 602(r) Trespass - ski in closed area
PC 602(s) Trespass - refuse to leave hotel/motel
PC 602(t) Trespass - enter or refuse to leave property
PC 602(w) Trespass - refuse to leave women's shelter
PC 602(x)(2)(c) Trespass - maternity ward
PC 602.5(a) Trespass - unauthorized entry of dwelling
PC 602.8(a) Trespass - fenced area or posted land
PC 602.13 Trespass enter into animal enclosure at zoo
PC 602.9(b) unlawful renting of residential dwelling
PC 602.10 Obstruct teacher/student at college

 

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[Got_4by4]

You can ask 20+ people and get 5 different but similar answers.
If you don't like the answers, you can ask 20 more. When you finally find someone
to give you the answer you want to hear You can use that answer but you had better
bring that person to court with you.
A jury of your peers will be chosen and their verdict will seal your fate!

Take a hint!!! Get a life!!!

The jury you arguing with here on this forum have already found you GUILTY!

Do you really think that a jury without the additional mineral trespass knowledge will find different!

I think NOT!

Please, take the communities advice, DO NOT TRESPASS or do any other stupid thing that might be taken as such!

There, I'm done!

 

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[Goldwasher]

The fact that you would put effort into anything other than getting permission from the legal owner, pretty much says it all!

 

[geolover]

You can ask 20+ people and get 5 different but similar answers.
If you don't like the answers, you can ask 20 more. When you finally find someone
to give you the answer you want to hear You can use that answer but you had better
bring that person to court with you.
A jury of your peers will be chosen and their verdict will seal your fate!

Take a hint!!! Get a life!!!

The jury you arguing with here on this forum have already found you GUILTY!

Do you really think that a jury without the additional mineral trespass knowledge will find different!

I think NOT!

Please, take the communities advice, DO NOT TRESPASS or do any other stupid thing that might be taken as such!

There, I'm done!

Wow! You guys are still talking about this.
I went prospecting today! As it turns out, I have BLM land within walking distance of my property. No kidding, I went to geotracker and Landmatters just like Clay advised. I found another mine! I just look for tailings piles and follow them. This one looks a little sketchy because it goes down and then straight to wherever. Please don't post me warnings about not going in because I didn't. I found numerous places where someone dug into, my best guess is a contact zone. It looked like gneiss on one side and schist on the other. But then I found big chunks of feldspar pegmatite? Trying to figure out what they were looking for will be my next adventure.
Got 4by4, I see that you're from SO CAL, anywhere near me (Temecula-Vail Lake)? Serious, I need to learn from someone with more experience. Like today, it's cool that I found some another mine shaft and other areas of interest. Someone with more prospecting knowledge could really help me out. Interested?

 

[Reed Lukens]

That decomposing bedrock isn't always safe but take a hammer and smack the top to get a feel for it. You can also test it inside if you feel the need. You may be able to find it in the historical layer on Land Matters. Personally, it's been there for years and if it hasn't caved in, I'd check it with an O² meter at the very least. You may find a nice vein but after certifying that it's safe, I would go in to the end with a couple buckets and bring out a sample from the fines on the floor. If there's free milling gold it will show immediately in a few pans.

 

[tomhighland]

Invest in a plat map. Contact the legal owner and ask. So much less complicated.

 

[russau]

I agree with tomhighland on this! when I used to go out prospecting , I always bought a Plat Book from the county I was researching to see land owners property lines and know who to contact for permission to check out their land . some where ok with it and they wanted to watch and learn while others just said No , they were to busy , and I went on my way after saying THANKYOU. I sure didn't want to be on someones land without their permission! BUCHSHOT HURTS AND CITATIONS HURT THE OLE POCKETBOOK!

 

[geolover]

This is my last and final post on this matter! (I think, I hope.) I never suggested, proposed, or implied that myself of anyone else should trespass upon someone else's land. Because I'm new to this, I simply wanted to understand the specific law and I was surprised by what I read, or my interpretation. Not that I intend to trespass! For some, things got a little heated, I understand, I have a nice piece of land and feel the need to protect it. Come to think of it, members were passionately concerned about protecting our reputation or image, I understand and agree. Unfortunately in my effort to defend my interpretation of the law, it came across as though I was going to be the guy to ruin it for all. Not so, in fact just the opposite. I'm the guy who strives to be a good steward for the community, for our community. That's why I take the time to research and I will listen while taking the advice of members. I'm here to learn.

Because I'm new, I think it's important that I check things out, like yesterday when I was checking out BLM land. I researched to see if I'm I ok to drive on it? In order to get there, anyone would have to travel through private land. So where are the easements or roads? As it turns out, the only easement or road runs through two properties and there's a sign saying that it's a private road. I pull up the county website with road book maps and sure enough, this is a legitimate county road. This property owner is trying to block my access to BML land (this happens all the time). I drive straight through. So with a little knowledge and research I can go about my way without breaking the law. And for me, that was my original intent.

 

[nh.nugget]

Respect the land owner it's their property. You want to enter do whatever go ask you've got a 50/50 chance. You catch more flies with honey. My no trespass signs say I don't dial 911!