Legality of MDing parks and curb strips

[SirWalterRaleigh]

I'm very new to metal detecting. I have had great luck here in Raleigh North Carolina hunting curb strips. I have only so far had one run in with an angry lady and after a short conversation, and I was extremely polite, she was OK. I asked her if she would prefer me to move somewhere else she said yes and I replied with a have a good night and I moved.

Most every other time I have been curb strip hunting I have had curious homeowners come out and engage me in very friendly conversations. I have even dug clean holes to show people how I was really wanting to make sure I didn't do any damage to any property owned by anyone. This has worked well for me.

I just try to make sure I don't dig a curb strip someone is really maintaining and manicuring. There's plenty a curb strips that are unkept that no one cares about that are just fine for hunting where you're not messing up anybody else's hard work.

That being said there is a young metal detectorist that I have seen hunting in one of my favorite spots that has been terrible at digging clean plugs and filling his holes. I fear that dude is going to get all of us kicked from this property. And the next time I see this kid out here metal detecting I will be having a conversation with him about proper metal detecting etiquette

 

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[cudamark]

Let us know if you have a successful approach to doing that. I've tried "informing" other detectorists the error of their ways, and usually get told to buzz off........or words to that affect.

 

[DubCoco]

I am in Baton Rouge, Louisiana. When I started hunting the parks here, I went online to see the regulations. All parks are open to detecting except on the playing fields of soccer and football. I guess due to the players running and stepping in a hole someone didn't fill. All other areas in all city parks are open. I even had a park employee driving me around on the park golfcart to places he thought were good. I have not tried to detect curbs and road right of ways because I would FLIP if someone was digging mine up. Naturally, Indian mounds registered with the state or any "State" park in off limits. Any "Historical" spot owned by the state is off limits or if it is privately owned, permission has to be granted. Blvds are open game here if you wanted to detect them also. Schools are legal to detect but I try to get permission to detect around playing fields but wouldn't dig the field itself. City owned baseball diamonds, I detect from the dugout to batters box only with no running path touched. I'm sure all states are set that if you find something prehistoric or something in that line of sight, the state claims it but only on state or city property. Private land owners own everything under the surface also. If I dug up the lid to the Arc of the Covenant on my property, it's Dub's lid! Well, maybe not that but you catch my drift anyway.

 

[Sandancer]

If you have gotten this far into the responses, congratulations, you are an individual who is concerned about what is right and what is wrong. My thoughts are that almost everyone breaks some law or another almost every day. If you drove a car today and you are a normal person you probably exceeded the speed limit at some point and therefore broke the law. Did it do any harm? Probably not. Will you do it again? Probably. So, use reasonable judgement, fill your holes, treat people with respect, do no harm, and continue to enjoy you very acceptable hobby.

 

[jamiefind]

"oh.... hi officer.... no I lost my wedding ring and I am just looking for it cause my wife is pissed. Thanks and I will make sure I don't do any digging or leave a mess." By the way, why are the people who throw all this garbage on the ground not ticketed?" People are stupid, fill your holes and always show all the garbage you pick up and f#@% those laws.

Note to file. [emoji57]

 

[G.A.P.metal]

The "Curb Strip" in any City/Town is for "trespassing" !
Any time i let a passenger out of my car... they most times have to step onto the "Curb Strip" or if i park on a one way street i have to step onto the "Curb Strip"
Heck no one can stop me from "Trespassing" on the "Curb Strip"
Gary

 

[G.A.P.metal]

I started metal Detecting in parks and curb strips in 1968, and did it for 24 years.
Never once did a home owner come out and say get out, or i own this land, and i live in snotty New York, left town long time ago...country boy !
Most of the home owners just let you alone and some came out to see what you were finding. I know times have changed,and people are not a trusting as they use to be for good reason.
The shows on the television don`t help,and some of the home owners might detect now....but asking the guy working/cleaning the park for your tax money the "Hired Man" running over the pop cans with the public lawn mower won`t help.
Gary

 

[jamiefind]

The "Curb Strip" in any City/Town is for "trespassing" !
Any time i let a passenger out of my car... they most times have to step onto the "Curb Strip" or if i park on a one way street i have to step onto the "Curb Strip"
Heck no one can stop me from "Trespassing" on the "Curb Strip"
Gary

Lol nice try, but that's not trespassing because it's within the license extended to the public to be on that land. It's somebody's land at the end of the day, and permission is required to be there. There are many avenues to be within the permission, discussed to death above.

 

[LM]

The danger of eLawyers and their stupid, imaginary legal canards is that they can get other people in trouble, who naively think these people know what they are talking about. TomInCA is, notoriously, the absolute worst on this forum about this. Here's a thread from a couple years back where he suggests someone just traipse into TURKEY with a MD, on the basis of a similarly stupid narrative he made up in his mind.

http://www.treasurenet.com/forums/metal-detecting/364769-info-turkey-country.html

(Postscript to that: Very predictably, he was entirely incorrect. Someone contacted the consulate and indeed, MD'ing is theoretically allowed but it requires a special permit from the government and you have to be accompanied by a government witness while you do it: http://www.treasurenet.com/forums/general-discussion/367740-metal-detecting-turkey-7-31-2013-a.html)

In many regards, he reminds me of a typical 'tax protester' who insists because of some theory he devised in his mind, pursuant to the way he thinks laws work, we don't need to pay taxes, its all just a myth! People get sucked into this, believe what these idiots say and its all fun and games until someone lands in a Turkish prison because they didn't realize that the strident internet psuedo-cleric was utterly clueless.

Remember, the internet empowers everyone to have a 'voice' but it does absolutely nothing to arbitrate who has a voice worth listening to. Unfortunately, on internet forums, you get aggressive blowhards and forum captains who love the idea of talking and being heard but don't have much in the way of actual knowledge to back it up, so they just fill in the gap with whatever agenda they happen to have.

 

[George (MN)]

Common coins are not relics or antiquities. Congratulations Mr. State Archaeologist on getting hobbyists classified as crooks every where in your state. How dare you claim to be a hobbyist just to say we're all crooks. Private property owners don't hold a stack of licenses, for desire to help dictate what state archaeologists want. Hobbyists don't find shipwrecks, so why mention it?

The main purpose of city parks is to provide for the widest variety of recreational activities possible. That includes detecting, & every place I asked said no problem. County parks, some are pressured by state archies. And it seems every small town & rural twp has started a historical society, almost certainly under pressure from state archies that get $3,000 per item dug.

It isn't stealing from city when we pocket small change they had no desire to dig up. Modern jewelry isn't historic either, but may try to return it to real owner, not govt.

A detectorist in Vicksburg went to mayor asking if they could detect & was told those valuables belonged to all. Wish they would've gone back & dumped on her desk pulltabs, foil, steel bottlecaps, aluminum bottlecaps, zincs with pieces missing, & said quick, get these one of a kind priceless treasures in a bank vault NOW!!!

 

[jamiefind]

Common coins are not relics or antiquities. Congratulations Mr. State Archaeologist on getting hobbyists classified as crooks every where in your state. How dare you claim to be a hobbyist just to say we're all crooks. Private property owners don't hold a stack of licenses, for desire to help dictate what state archaeologists want. Hobbyists don't find shipwrecks, so why mention it?

The main purpose of city parks is to provide for the widest variety of recreational activities possible. That includes detecting, & every place I asked said no problem. County parks, some are pressured by state archies. And it seems every small town & rural twp has started a historical society, almost certainly under pressure from state archies that get $3,000 per item dug.

It isn't stealing from city when we pocket small change they had no desire to dig up. Modern jewelry isn't historic either, but may try to return it to real owner, not govt.

Another cryptic reply combined with a rant. That's not helpful. I'm not sure if your first paragraph was accusing me (the OP) of being an undercover archaeologist or something? Your tin foil hat is loose there, buddy. This thread is for those interested in discussing how the law intersects with the hobby at various points, if not for the sake of obeying the law, at least for the sake of intellectual curiosity, respect for property rights, conversation, ... something. Your opinion has no bearing on what the law actually says. Don't shoot the messenger. Just trying to have an adult conversation. This is a "safe place," sport. No one's accusing you of anything.

(And please, no one rely on anything the above guy typed as in any way resembling accurate legal statements. Lots of overbroad generalities packed in there.)

 

[Treasure_Hunter]

Another cryptic reply combined with a rant. That's not helpful. I'm not sure if your first paragraph was accusing me (the OP) of being an undercover archaeologist or something? Your tin foil hat is loose there, buddy. This thread is for those interested in discussing how the law intersects with the hobby at various points, if not for the sake of obeying the law, at least for the sake of intellectual curiosity, respect for property rights, conversation, ... something. Your opinion has no bearing on what the law actually says. Don't shoot the messenger. Just trying to have an adult conversation. This is a "safe place," sport. No one's accusing you of anything.

(And please, no one rely on anything the above guy typed as in any way resembling accurate legal statements. Lots of overbroad generalities packed in there.)

Jamie, please post by our rules, no insults or attacks (tin foil hat comment)....

Curb laws vary by county, city and state. I do not own the curb strip between the sidewalk and the street in front of my home, it is owned by the county. I'm required to mow it but I pay no taxes on it and it is outside the survey of my property..

 

[jamiefind]

Jamie, please post by our rules, no insults or attacks (tin foil hat comment).

Happy to do so. I don't see you making the same rebuke of the previous poster?

 

[Treasure_Hunter]

He did not name you nor quote you, you assumed it is directed at you.

Your post quoted him.... Please post by our rules ..

 

[jamiefind]

He did not name you nor quote you, you assumed it is directed at you.

Your post quoted him.... Please post by our rules ..

Not sure how his use of the term "you" is unclear. You're wrong about not calling him out. As for me, I of course agree and will comply. (You know, kinda the whole point of this thread is the rule of law....)

 

[Treasure_Hunter]

Not sure how his use of the term "you" is unclear. You're wrong about not calling him out. As for me, I of course agree and will comply. (You know, kinda the whole point of this thread is the rule of law....)

It is not open for discussion in open forum.

 

[Tom_in_CA]

Lol nice try, but that's not trespassing because it's within the license extended to the public to be on that land.....

Curious then why you lump md'ing into a category of necessary evil, damage, error, wrong, objectionable, etc... ? I happen to think md'ing is innocuous , and I'll do no harm. Ie.: equivalent to any of the things you'd say are ok there. Eg.: letting a passenger out, standing their whistling dixie, etc...


I suppose if someone intends to leave a mess, then yes: everything you're saying would be logical and true.

 

[Tom_in_CA]

The danger of eLawyers and their stupid, imaginary legal canards....

Great post LM. Didn't do anything to dispel things I've said . Other than to label them, label me, etc.... But fun to read

 

[Tom_in_CA]

Common coins are not relics or antiquities. ...

Watch it George. You're gonna get called an eLawyer if you don't watch out.

 

[jamiefind]

Curious then why you lump md'ing into a category of necessary evil, damage, error, wrong, objectionable, etc... ? I happen to think md'ing is innocuous , and I'll do no harm. Ie.: equivalent to any of the things you'd say are ok there. Eg.: letting a passenger out, standing their whistling dixie, etc...


I suppose if someone intends to leave a mess, then yes: everything you're saying would be logical and true.

I give you that. I guess I'm undecided as to how innocuous MDing appears to the city, all other things held equal. The only thing I know for sure is that it's not our own opinions that count; it's the city's opinion that would define whether it was within the public license to use the land. If in all honesty (which might be unattainable as you've rightly noted) the city hasn't really thought about it one way or another, then unfortunately the outcome (if any) would probably be influenced much more by the personal views of the people that see it rather than any formal consideration. Hope that makes sense...didn't word that very carefully.