An old schoolhouse

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They may very well be "unknown and forgotten"...but that is not legal justification to waltz onto private property and remove those objects...is it?

Probably not legal justification but you probably wouldn't get sued for it. One time someone cut down a big section of trees on our property. We asked a lawyer about it and he said the trees were basically worthless because they weren't mature and didn't have sentimental value, so no real harm was done.

Metal detecting an old school yard wouldn't result in any legal ramifications unless you were told to leave and then didn't leave because there wouldn't be anything seriously valuable there.

It wouldn't be a bad idea to actually do a test run, with no digging since he has walked there anyway. Just detect a little bit to see if there are any good signals before he wastes all that time asking, but not have a digger of any kind.
 
To clarify most of the recent comments being posted here, I did not trespass in the sense that I waded deep onto their property to find this hidden location. It is barely 20 feet from the main road and where I stood and took pictures was right alongside the trees that have that usual "No trespassing" sign. I was there for maybe 5 minutes, took 3 or so pictures and hopped on my merry way. I still aim to find the owners of the property and ask them.
 
Ok, great. He wasn't trespassing. Now we're getting somewhere.
”We’re” not getting anywhere. Most of us have been there since the 3rd or 4th post.

And where is that that we're "getting" ? It's to the definition of what's ok to do, in locations where a person is not "trespassing". Agreed ?
No. It’s what one can do on property for which they have NO permission to detect, versus what one can do on property where they have spoken with the owner(s) and have obtained permission. No matter how hard you try to spin it, no rationally thinking person would agree with you that taking a picture is no different than md’ing, and removing objects that you have located. You do know that when you take a photo, the “thing” that you took the picture of is still there when you’re done, yes? It isn’t physically removed. It doesn’t disappear. You’re not physically taking it home with you, secretly tucked away in your camera.

It most certainly was your definition. Refer to post #30
Referring me back to a post where you claim it is my definition, does not, ipso facto, make it my definition. Seriously, what is wrong with you?

Ok, let's go with this set of definitions. Then you would agree that you, as an md'r , is in violation of laws for parks, beaches, etc... that forbid harvest/remove.
I think we’ve sorta covered this ground in other threads. Regardless, I’ll answer it again here, for those who haven’t been following our exploits on the forum.
I cannot answer the question definitively because, unlike you, I don’t pretend to know everything. Ultimately though, I guess it would eventually be up to the Courts to decide.

When the md'r takes the 1913 nickel from that park or beach. Right ? If so, then yes, I agree that .... likewise ... is it equally as terrible for him to remove the 1913 nickel from where he (in your words) wasn't trespassing. Agreed ?
Context…you must try to keep things in context. I know it’s a struggle for you, since more than anything else you want…no you NEED to be right, but context is vitally important. Your ability to take things out of context is impressive, I’ll grant you that. This whole thread, and all of my posts therein (except, of course, where I have been defending myself against your attempts to put words into my mouth), have been about nothing more than if it’s ok to detect and to remove objects from private property, where you have not obtained permission to do either.

Nonetheless, I’ll do my best to answer your hypothetical beach question. If it is illegal to detect on whatever beach you’re talking about, then it would not only be “terrible” for him to remove the nickel…it would be a violation of the law. If, however, there are no rules/regulations/laws prohibiting md’ing, then…well…then good for him, he’s now a rich man.
 
strangely enough, the property to-which-you-just said he wasn't trespassing ? :?: (refer to your 2nd paragraph @ post #34, where you agree with Toy-soldier that he either wasn't trespassing, or ... no one cares ? )
Based the available data...we agree. He was not trespassing. So...what's your point? Is it perhaps that he would also not be trespassing if he was md'ing and removing things that he had located? Cuz...well...if you want to go down that road, then let’s go. Remember though, there’s more to trespassing than just setting foot on someone’s property.
 
....You do know that when you take a photo, the “thing” that you took the picture of is still there when you’re done, yes? It isn’t physically removed. It doesn’t disappear. You’re not physically taking it home with you, secretly tucked away in your camera .

Ok. Agreed. And you would agree that the same definitions apply to parks , that have verbiage that forbids harvest and remove. Right ? If yes, then we agree.

.... If, however, there are no rules/regulations/laws prohibiting md’ing, then…well…then good for him, he’s now a rich man.

And as I have said : I guarantee you there is rules , on every speck of public land (yes, even all the parks and schools and beaches you hunt), that forbid harvest, remove & take.

And this is all in the context of "ok to be there" and "not trespassing", on the land where the OP was at. So "trespassing" is now no longer a part of the conversation. Right ?
 
Bingo. And here-in lies the root of our problem: The definition (ie.: level of evil-ness, harmfulness, etc...) of md'ing. If we start with your definitions/characterizations of md'ing, then yes. You're absolutely right.
Oh for the love of god, would you please, for the umpteenth time, stop referring to your made up pile of horse poop as my definition.

And then this just begs the question: How then can you do the hobby of md'ing anywhere ? You are likewise (given those definitions) in violation of laws/rules every single place you go.
What definition(s) are you talking about.

If you doubt me, then list any place you detect, and .... given your definitions, I can find someone, in those locations, who will say that flies-only can no longer detect there. Care to take me up on this bet ?
First off, they’re your definitions not mine. This is like beating a dead horse, I swear. But let’s look at your bet. This past weekend I was over at a very good friends house, who has granted me permission to detect on his property. He loves it when I come over. He loves to see what I've uncovered. I offer every piece I find to him and he says "Nope, you found it, it's yours". While he was watching me dig up a promising hit, I “jokingly” told him that according to “you”, what I do is dig holes and take things. He smiles and said “yep”. So, even when I used YOUR definition of metal detecting, he didn’t boot me off his property. Can you believe that!!?? Now, of course, I wait with baited breath to learn how you’re going to get me kicked off his property.
Then of course, there's my own property. I have yet to tell myself to get the heck off my property for digging holes everywhere and taking things!! I'm quite curious on exactly how you're going to get me kicked off my own property, truth be told.
 
Lest you all be concerned about my potential upcoming absence, I just wanted to inform you that I will, in fact, be in Colorado participating in the Leadville 100 Mountain Bike Race. Generally when I’m at a race and/or on vacation, I rarely go online, so there may be a week or two when you do not get a reply. Worry not, I shall return. Who knows, I may even break my own rule and go online while I’m on vacation…if you consider doing a 100 mile mtn bike race a “vacation” that is.

I may even take my detector with me, since we are staying for a few days after the race. First, however, I need to convince my wife to let me bring it along…and the chances of that are slim, at best. :)
 
. ...What definition(s) are you talking about.....


Flies-only, I kindly refer you to Post #14 . That was your post, was it not ? And if so, these are your quotes. Are they not ?

....Digging a hole is the same as taking a picture? What would you do if you found something of value? I’m hoping you would not keep it..…

...physically taking an "object"..…

Note your words in bold print above. Did an imposter come in and post with your name/avetar ? :?:
 
So many things I want to say to this conversation posts but I think a Moderator would step in and delete it so I will keep it simple. A simple post became way to complex. You can take all of the pictures you want in Texas state parks. But by Texas state law you can not remove a rock. There is a difference.

Complex and needlessly convoluted.
 
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I don't trespass.

I will call law Enforcement on individuals I find in my property if I feel it was intentional.

having said that, I don't find the thread complicated.

Guy trespasses, takes a picture.

another guy asks why you didn't just detect it. since you were trespassing anyway. in my opinion he wasn't directly advocating it.

Third guy seems to ignore the fact that trespass for picture taking could be a crime, only that trespass including metal detecting was somehow more horrendous.
 
To clarify most of the recent comments being posted here, I did not trespass in the sense that I waded deep onto their property to find this hidden location. It is barely 20 feet from the main road and where I stood and took pictures was right alongside the trees that have that usual "No trespassing" sign. I was there for maybe 5 minutes, took 3 or so pictures and hopped on my merry way. I still aim to find the owners of the property and ask them.

I will most likely delete this post since it has gotten way out of hand.
 
.... But by Texas state law you can not remove a rock......

I don't doubt this is true of every single park, in the entire USA, of any and all public entities and levels. Other wise known as prohibitions on harvest, collect, remove, take, steal, etc.... So it's not just "Texas state parks". It's ALL parks. You will find it in the minutia, in some form or fashion everywhere.

But ... oddly ... a quick look down the show & tell finds pages, shows scores of md'rs showing various coins and such, from .... parks.

I don't doubt that some places might religiously enforce it, and apply it to md'ing and picking up seashells. But as we can see, @ most other places, it's just obligatory boiler-plate language so that no numbskull thinks he can take home the park benches, or harvest the turf or sand for commercial sale, etc...


.... It is barely 20 feet from the main road and where I stood.....

I don't think that the # of feet you were "over the line" makes a difference on whether or not it constitutes trespassing. Perhaps technically you were (whether 20 feet or 200 feet). But the "average person" recognizes that it was a non-issue. Except, of course, if the person detects. Only THEN is it trespassing I guess.
 
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