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Re: I will check on this
Posted by: Bell
Date: January 08, 2011 09:49PM
Exactly! We are on the same page for much of this. That is why it is so disturbing. And you can't fight it on the local level because they will only defer to the state laws and bam now you've made the situation worse and tomorrow you can't detect where you could yesterday. If you want to change it you would have to start with the state legislature which takes money which would require the companies who sell us gear to get involved to start a lobby (which I understand some of them have done). And yes the local governments can and do set there own laws so long as they so not contradict with the state, but at least in the states I am taking about the state has already spoken on the matter. That doesn't mean the locals won't allow it, but if someone makes enough noise about it they will always end up having to yield to the state law. The state laws came into being because the archeological lobby (who makes money by having the exclusive right to dig and interpret these sites) got the legislature on board with passing a law to protect the states cultural heritage, but then they sort of quietly slip in the line about all public lands whether protected or not and the ball is in their court. They decide when to just ignore it and when to prosecute. Maybe you can detect the park every day for twenty years, or maybe tomorrow they will arrest you and take your truck and all your gear. And the scariest part is that very thing has happened here in texas on several occasions. The charge itself is a misdemeanor, but its one charge for every day you do it. It its enforced primarily by game and fish in texas and just as in poaching they can confiscate all equipment used in commission of the act. The texas law actually says this law "applies to all public lands including those of its political subdivisions, county and city" I was paraphrasing but its in there.

Re: A buddy moved to Louisiana.. But all I'm reading is metal detecting is a nightmare there. Anyone know different...
Posted by: widebody
Date: January 09, 2011 12:00AM
here in washington state you're required to check with the park ranger for places that may be open to md. they aren't just closed everywhere for everyone here. my county parks director has given me tips on where to hunt. and nobody seems to care ,so far, about the schools or city parks. one other member here has talked to the longview parks director and he's okay with mding also. that member does warn that a parks grounds keeper will try to kick you out of the six block long soccer / baseball park. he's the guy you don't ask. it's automatic no from him

the fed was created to deal with national and international trade. it was created as a tool for the states. over the years it has given itself power and authority beyond what was intended. so in the fed park system you'll find no mding allowed or very restricted and controlled. especially if there's a chance you could find gold.
the best thing for us to do is leave the places we dig in the best shape possible.it is a matter of good pr on our part.




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Re: I will check on this
Posted by: Tom_in_CA
Date: January 09, 2011 11:18AM
Well, stay tuned, and I'll report back what my company lawyer connections say.

Everything you're saying makes sense, but I still maintain that ........ if a local city parks' guy, cites a state-level park's rule as his substantiation for a city-level park booting, then that's just because they've CHOSEN to adopt it. In the same way that .... for example ...... state parks might require that dogs be on leash. Well ..... there can be city parks that have an off-leash ok policy, right? City parks are not forced to comply with the "stricter law". Oh sure, they CAN if they want to. And yeah, they may even cite the state law as their reason for doing so. But if that person thinks they HAVE to have this same leash law, then they are mistaken. They are not bound by all the rules that state parks are bound by. Differeing park rules are common-place. Ie.: different closing times, curfews, some allow motorized boats on lakes, while other prohibit them. etc... etc....

Re: I will check on this
Posted by: Bell
Date: January 09, 2011 12:32PM
Of course that is true on many things like you say. I think what distinguishes this issue its that we aren't talking about a law that says you can or can not do such in such in such and such parks, we are talking about a law that specifically prohibits disturbing man made or altered artifacts over a certain age (50 or 100 years depending) on all public lands. It does not say in state parks or on the grounds of state schools or anything like that, it says on all public lands, and as I said before in at least the case of texas they go ot of their way to include language to make sure the reader understands that this includes counties and cities.

Re: I will check on this
Posted by: Bell
Date: January 09, 2011 01:02PM
Re: I will check on this
Posted by: Tom_in_CA
Date: January 10, 2011 01:44AM
Bell, I have read through your link (thanx). If you read it in the right light, I believe you will see, as I'm saying, that the occurance of an item, object, site, etc... falling under these rules, is state land. And any use of the word "public land", is ........ by implication state public land (since this is a state document) .

I think where you are getting fouled up, is statements like this in there:

"Sites, objects, buildings, artifacts, implements, and locations of historical,
archeological, scientific, or educational interest, including those pertaining to prehistoric
and historical American Indians or aboriginal campsites, dwellings, and habitation sites,
their artifacts and implements of culture, as well as archeological sites of every character
that are located in, on, or under the surface of any land belonging to the State of Texas or
to any county, city, or political subdivision of the state are state archeological landmarks
and are eligible for designation
. "

I'll look into that more. Seems to me that a site, or object, or whatever, has to be "deemed" archaeolgically signficant. Notice the key word "eligible", which indicates that an object or site wasn't "significant", UNTIL deemed so, through whatever process they have. Thus, not all the land, from border to border, is an archaeological site. Only sites designated so. But yes, I do see that they lump city and county, into the same class as state land, in this one paragraph. Interesting.



Edited 1 time(s). Last edit at 01/10/2011 01:47AM by Tom_in_CA.

Re: A buddy moved to Louisiana.. But all I'm reading is metal detecting is a nightmare there. Anyone know different...
Posted by: oneton
Date: November 22, 2014 12:15PM
I live and hunt in Louisiana and hunt many different places and never had a problem with the law. The laws are the same in most states. Any way most of the good stuff is on private lands and the state law has no power over private and other lands not owned by the state.

Re: A buddy moved to Louisiana.. But all I'm reading is metal detecting is a nightmare there. Anyone know different...
Posted by: Dan-Pa.
Date: December 01, 2014 08:34AM
.In Pa. reading a poster for hunting on state land it states removing anything over 100 years old is a violation. In essence that nice barber dime could cost you a fine or more...Imagine laws differ from state to state or area to area and your responsibility to know. Heres the kicker if its federal land they can take your vehicle , detector and lead you away in handcuffs so know where you are hunting even if the area is sparingly posted as ignorance of the law is not a defense.

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Re: A buddy moved to Louisiana.. But all I'm reading is metal detecting is a nightmare there. Anyone know different...
Posted by: Harold,ILL.
Date: December 01, 2014 06:13PM
Welcome to mine world as we lost are Forrest Preserves last year. I predict in 5 years all public spots will be banned. Too many people doing it and digging with shovels is a couple reasons where I live. The days of flying under the radar are over thanks to all the detectin' shows. JMHO.

Re: A buddy moved to Louisiana.. But all I'm reading is metal detecting is a nightmare there. Anyone know different...
Posted by: Tuck206
Date: January 15, 2015 08:32AM
Any suggestions on good sights to detect in

Re: A buddy moved to Louisiana.. But all I'm reading is metal detecting is a nightmare there. Anyone know different...
Posted by: Cajundirtdobber
Date: January 01, 2019 06:19PM
I live in Louisiana and you just need to know where to hunt.,you just need to know the area there are so many places you cannot hit them all in a life time.

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