Tom_in_CA
Gold Member
- Mar 23, 2007
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- Explorer II, Compass 77b, Tesoro shadow X2
Strike-it-rich, your question is all over the board, and hard to pin down, especially because you're looking at it through the eyes of UK laws, while most forumites here are in the USA. However, based on this opening remark, you do seem to be couching your question in terms of USA posts you've seen:
"Reading though a lot of the posts it seems to me that because in a lot of peoples eyes public means just that open public ownership or at least the use of the land is assumed fit for public use"
One would assume your referring to some of the past posts about USA parks, schools, greens, sidewalk strips, public beaches, etc.... You then go on to say that detecting these areas....."should always be with the permission of the public body controlling or charged with the role of governing the piece of so called public land " Like I say, maybe from a UK perspective, so what I'm about to say now, will be from my perspective of a USA person:
I'm ok with that, so long as all other public usages also first be required to get permission: throw frisbees (afterall, you could poke someone's eye out!), walk on the grass (afterall, how do you know it wasn't just re-seeded??), use the swing set (afterall, there may be a weight limit!), etc... etc....
Or, just take Utah-hunters approach. He is very clear in his example that he uses the "if it's not specifically disallowed, then it is not illegal". Notice, in his example, he didn't ask "permission" ahead of time (as if ... there were somehow something inherenty wrong or evil, that he'd have had to ask to begin with).
Once again, this is from a USA perspective. Not sure of the UK laws.
"Reading though a lot of the posts it seems to me that because in a lot of peoples eyes public means just that open public ownership or at least the use of the land is assumed fit for public use"
One would assume your referring to some of the past posts about USA parks, schools, greens, sidewalk strips, public beaches, etc.... You then go on to say that detecting these areas....."should always be with the permission of the public body controlling or charged with the role of governing the piece of so called public land " Like I say, maybe from a UK perspective, so what I'm about to say now, will be from my perspective of a USA person:
I'm ok with that, so long as all other public usages also first be required to get permission: throw frisbees (afterall, you could poke someone's eye out!), walk on the grass (afterall, how do you know it wasn't just re-seeded??), use the swing set (afterall, there may be a weight limit!), etc... etc....
Or, just take Utah-hunters approach. He is very clear in his example that he uses the "if it's not specifically disallowed, then it is not illegal". Notice, in his example, he didn't ask "permission" ahead of time (as if ... there were somehow something inherenty wrong or evil, that he'd have had to ask to begin with).
Once again, this is from a USA perspective. Not sure of the UK laws.