Re: Karl von Muller"s, Iron grate found above the Colorado river
Just a quick note on metal detecting in National Forest. A few years ago I handed this same information to my lawyer and I asked him to clarify these laws for me. A few weeks later this is what he told me;
"apparently, there is no clear definition as to historical as this often can't be decided upon until after a review of the item/items and or location. For instance, "historical" can even be used to define items or locations that are only a few years old."
And in his legal opinion this is how he further explained it to me; "This is why the word "historical" is used because it can be applied broadly and pretty much requires the finder to report most anything he/she finds prior to the removing or disturbing of anything. Failure to do so leaves the legal discretionary door open. They only need to cite you to make your life miserable and they will most often do just that."
And his advice; "If I were to find something, anything, and they were to ask me about it, I would tell them I just found it by accident and that I had no knowledge it even existed until I found it. The reason I would do this is because if you openly admit that you researched anything, such as old documents, old maps, etc., and that research helped you to find the discovery, then you are only helping them to build a historical case against you because you used recorded and/or documented history to help you find it, and you also help them to establish the claim of intent. Thus, the historical door opens much wider. My advice, report anything you plan to remove or disturb before you act, and if you don't, and you get caught, then you'd better play really stupid, but even then, they're probably not going to buy it."
Hey, I'm just telling you what the man told me.
/ Pics?
