Roadside Detecting in Louisiana?

olesoulle

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How much trouble would you get into by detecting road sides along Louisiana farm to market roads?
 
By "farm to market roads", are you talking County Roads? If so, they'd own some right of way I'd imagine, how much you'd need to check with them.

As far as hunting them, I guess it would all depend on who owns the adjoining property. Not saying they would have any legal means to stop you (though their dogs might make sure to see you back to your vehicle), but I've never felt like a confrontation was something I'd take part in over detecting. Too many other spots to go. Besides that, what if they ran your tag number, found where you lived, and showed-up with lawn chairs and a kiddie pool and camped-out in the right of way in your front yard :lol: I'm embellishing a bit, but just to make a point.

And finally, any idea how much trash it thrown from car windows? I'd say by the time you hunted 1/4 mile strip of roadside, you'd never want to see another pull tab for the rest of your life.
 
Asking Permission

Usually follows some research to identify an area that could produce finds you might be interested in. Gauntlet covered all the rest in his informative post.

Getting permission is not as hard as some might think after your research has located the area you'd like hunt.

Getting permission is an art in itself but is almost always successful if a few simple rules are followed.

Knock on the door of the property owner if you have identified who that is. If not? knock on the door of the occupied facility closest to the property you're interested in unless said property is on the South side of Chicago, downtown Memphis, or has a slow line of moving cars visiting constantly.

Dress accordingly, it's best to not resemble a walking brush pile when knocking on a door to meet the owner. Camo is optional but I've found that some owners think it's another deer hunter wanting to thin his herd and won't answer the door.

I personally don't wear Camo and over the past 20 years I've yet to spook a relic no matter how much noise I make so it would be a personal choice I reckon.

Smile, introduce yourself, and explain why you're there. Unless the family Pit Bull is chewing on your leg at this point let the owner know that his property will not be damaged, holes are filled, and he/she is welcome to see any and all finds you might make.

Also, should a lead container filled with mint gold coins be found worth zillions a fair and equitable portion belongs to the owner. If the owner is google eying finds on your tailgate and likes something? get ready to give something up with a smile.

Don't show up on Sunday morning at 9:00A either unless you're ready to go to church on the spot with total strangers.

Be realistic, early after noon and mid mornings are good times to introduce your self, you'll be surprised at how many yess'es you get when presenting yourself correctly with respect and enthusiasm for your hobby.

Over the years some of the stories of getting permission I remember have been hilarious and rewarding at the same time, it's an essential part of this hobby that a person should gain confidence in in order to find the find.
 
Thank You both for your reply. About 25 years ago I first went to Mansfield and asked permission to hunt on a home owners property. He was understandably put off but was quite stern and I thought rude but he had a bad experience with detectorists before. So I have been reluctant to repeat that incident. That is why I thought of hunting road right of ways. Most of the places that I would like to hunt are not in front of anyone's house and so I would not know where to ask permission anyway. I know that there will be a lot of trash but deep targets could be worth digging with a trowel, no shovel. And I know that the sites are probably picked over but as we all say, "No site is ever hunted out. Thanks again for your replies.
 
Thank You both for your reply. About 25 years ago I first went to Mansfield and asked permission to hunt on a home owners property. He was understandably put off but was quite stern and I thought rude but he had a bad experience with detectorists before. So I have been reluctant to repeat that incident. That is why I thought of hunting road right of ways. Most of the places that I would like to hunt are not in front of anyone's house and so I would not know where to ask permission anyway. I know that there will be a lot of trash but deep targets could be worth digging with a trowel, no shovel. And I know that the sites are probably picked over but as we all say, "No site is ever hunted out. Thanks again for your replies.

Don't let a bad experience dictate your future. It's their property, so they're within their rights, although rudeness is uncalled for, when a simple "no" would suffice. I'd have explained I was asking for permission because I respected him/his property, thanked him for his time, and went on. Maybe left him my phone number in the event he had a change of heart.

Know if you ask permission, you'll get some "no's", but you'll also get some "yes's". Some people will be jerks about it, others nice as can be. That goes with any aspect of life. One thing for certain, if you don't ask, you'll bever be told "sure, go ahead".

To be on the safe side, I'd check with the county, and find-out what their right-of way is (generally measured from the center of the road), and be sure to stay within it. It's getting to be harvest time, so expect to be checked-out, maybe asked "what are you doing". If so, explain you spoke with the county, and are being sure to remain on county property.

Be nice about it, explain your love of the hobby....you never know when one of those farmers might have an old property they'll tell you about.

Seriously, don't let one bad apple spoil it for you. I understand not everyone is good asking strangers for something, I'm not either, but it's ask or spend my time in public parks and tot lots. They're fine for a quick fix, but not the type of detecting I prefer. Your first "yes" or two will help build some confidence and make asking others later much easier.

Good luck!
 
.... I know that there will be a lot of trash ....

Unless the peripheries of road right-of-ways had some sort of perpetual pedestrian usage (ie.: reason for people being there), then I don't think that simply "wandering along country roads" is worthwhile to detect. Unless there was some perpetual zone for cars to park (like curbstrips where people get in and out , reaching in their pockets for their keys, etc....).

But getting back to your original question: Why would you think there would be "trouble" for detecting along public road sides ? Simply because one private property owner scowled at you when you were asking to hunt their yard ? Even if someone "scowled at me" for detecting along a road: They can just go pound sand.

But I find it's just the opposite: Instead of some supposed opposition or scowls, I find that most passerbys are genuinely curious. Stopping to ask what's the best thing you ever found, how deep it goes, etc....

If you meant "laws", then be aware: Any laws you find for state parks, county parks, or city parks in your area have NO BEARING on road right of way. Eg.: if it were a state road, then the road right-of-way (the acreage each side of the road) is NOT a "state park". If it's a county road, then , likewise, .... that's not a "county park", etc.... And I highly doubt ANY public works dept. in the entire USA has ever dreamed up a "no detecting along our roadsides" rule. Hence if you can walk there , then .... since when is md'ing more evil than that ? And no: Don't go asking any public works people "can I?", lest you bump into the "safe answer" psychology (someone envisioning geeks with shovels, when in fact they'd have never have thought twice about it.)
 
Roadside detecting.

Thank you for your reply Tom, but I am not looking for lost coins although that might be a plus.

Gauntlet,
Thank you for the encouragement. I will get my gumption up and try again and again. I would love to be able to go over some of those hunted out places with the V3i. They are never hunted out. I do have a card made with my info on it that looks pretty neat to give to land owner so that they would not think that I was some disreputable fly by night detectorist. I know that I am bound to have some "No' answers. I just hope that there are as many "Yes" answers.
 
Thank you for your reply Tom, but I am not looking for lost coins although that might be a plus.

Gauntlet,
Thank you for the encouragement. I will get my gumption up and try again and again. I would love to be able to go over some of those hunted out places with the V3i. They are never hunted out. I do have a card made with my info on it that looks pretty neat to give to land owner so that they would not think that I was some disreputable fly by night detectorist. I know that I am bound to have some "No' answers. I just hope that there are as many "Yes" answers.

You're welcome! Avoid "keeping score" on yes and no's. Even if you get 9 no's, and 1 yes, you've lost nothing other than a few minutes to ask, but gained the yes spot. Present yourself as best you can, that's all you can do. I have no doubt you'll be getting some new spots to hunt, and I'll be looking forward to seeing some of the finds you'll be making.
 
....I am not looking for lost coins ......

What are you metal detecting for then ? (just curious). Well whatever it is (barring needing heavy equipment to dig craters?), I would not hesitate to detect any roadside anywhere, whatsoever. Unless something said "no pedestrians" ? Here in CA, our highway system does not allow pedestrians or bicycles on the freeway system. But if a person were "way off in the distance", I highly doubt it's an issue that anyone monitors.

Out in the remote desert-land parts of CA, some of the road right-of-ways can go incredible distances out. Large swaths of land that go well beyond the actual shoulders of the road. And we have worked some ghost townsy spots along these right-of-ways (in so far as you're not up near the actual road) and never had a problem.

Same for RR track "right-of-way". Some of the swaths of land can be immensely wide. I guess historically given to the RR as inducements to build the cross-country RR's. We've hunted along RR tracks (at old sidings and ghost-town foundations) at what would technically be RR land. But while it could be argued that this is private RR land, yet for roads, ... the last I checked ......... the public is allowed to be. If someone doesn't like it, they can pound sand. If I still get flack, I make it simple and hunt at night. So peaceful. So serene :cool:
 
I live about 2 hours from Mansfield so I had to research the Parish land owners and call a few. One the gentlemen that I talked to was stern with his no answer but he gave me a lot of feedback why. I felt pretty good after the conversation though I will say, like you, it did set me back a bit. Like others have said, you just have to go and ask.
 
I wouldn't write off road rights of way as places to hunt. Most rights of way extend several feet off the sides of the paved road to begin with. Most are 50' or wider. You can get the specifics from the county you want to hunt. A good general rule of thumb to see where the rights of way are in rural areas is fencing. Most farmers put their fences at the edge of the right of way. Once you know the width, you can check that easily by pacing off the distance between the fences to see if that holds true there.

Where a church used to be across the road from my Grandma's farm, I found a 1909 penny and my brother found a Merc, both eyeball finds when we were kids. This is out in the middle of nowhere so you just never know. Obviously you will have better odds if you hunt where old churches, schools, houses, etc. were located. It seems to me the biggest drawback would be un-mowed, weedy areas that are difficult to hunt and may hide hazards, so I'd look for spots that were mowed. I'd also be aware of traffic, people driving are not necessarily watching for someone working on the roadside, so keep that in mind.
 
I've lived in Mansfield, LA since 1981, minus a few years in the process of trying to escape to various other places to no avail, and I have family all over the state, rural, semi-rural and urban. I think I can provide a bit of insight to the OP.

In regard to the question of how much trouble you'd get into for roadside detecting, it's not so much a question of legality as it is how you answer the questions that you will inevitably be asked about who you are and what you are doing. But first, a bit of relevant information. There isn't really a "farm to market" (or F.M.) road system as it exists in Texas, especially not in Northwest Louisiana. Most roads that could possibly be considered F.M. are in the central and east-central portions of Louisiana where the average total property size per property owner is the largest. A lot of the Parish (Louisiana's name for a County) Roads have been either bypassed, rerouted or have been released back to the original deeds to which they belonged before original construction. I know it may sound weird and sort of backwards, but this is Louisiana. Our laws are based on Napoleonic Code. In many regards it may as well be a seperate country. The majority of publicly accessible roads are fairly new in comparison to other states. The new roads still go from "A"-"B" but many take very different routes along the way than their historical counterparts. Pleasant Hill Highway in Desoto Parish between Mansfield and Pleasant Hill is one great example. There hasn't always been a road that ran directly between the two towns as it does now. The road that the Union army used to retreat from their loss at The Battle of Mansfield was far less of a direct route that took them first northeast then southeast to Pleasant Hill. Most of the old road, Truevine Road, has been destroyed by the Dolet Hills Mining Venture coal mine. The old road bed between the heart of the battle and Highway 522 is still mostly intact but on private land. The only reason I mention all of this is because you mentioned Mansfield and that you were not looking for "lost coins." That only leaves a few reasons to go treasure hunting around here. Civil War relics or one of the legends. But since you mention roadsides I figure it must be more about Civil War relics lost in the retreat and pursuit.

Now, to answer your question. Whether or not it's illegal to detect on the roadside depends on a few factors. You WILL be arrested and/or fined heavily for any excavation on roadsides that run through state parks, wildlife management areas, wetlands protection areas soil conservation areas and I believe wellhead protection areas no matter the depth of the excavation or the size of the digging equipment you are using. Most of those areas don't have well defined borders either. You can use a metal detector in those areas for surface finds only so long as you have no excavation tools in your possession. If you leave your diggers in your vehicle and have possession of your keys or are within viewing distance of your vehicle they are still considered to be in your possession. Most other places outside of city limits are legal for detecting and very shallow excavation so long as it is not directly against the pavement surface. There are right-of-ways and it seems that their width varies by Parish and posted speed limit. I would suggest to take note of the distance from the roads edge to any fencing in the area to gauge the width in case you come across a vacant lot or pasture without a fence. If you come across a lot with a home, either stop by and ask if they mind you detecting in "their" right-of-way or simply walk on by. The thing you have to remember when considering roadside detecting in rural areas is that everyone knows everyone else. A lot of the people's families have been living there for generations. When "Marylin" sees a stranger digging a hole in front of "Jason's" hunting lease you can bet your booty she's gonna be calling "Jason or his mom" as soon as she gets where shes going. Next thing you know, either Jason, one of his buddies, a deputy sheriff or all of the above will be arriving to see what's what. Sure, you may not be trespassing on private property. You may have the right to inhabit the right-of-way. Openly stating those facts would do nothing to help the situation. It would only serve to aggravate the situation and you would most likely be instructed to "get gone." Pretty soon, word would spread through the community and any chance that you, or any other treasure hunter would have had to work on the inside of properties around area would be gone. That's pretty much how it happened in Mansfield when I was a teenager. A few people came in with a disrespectful attitude towards property owners the community has never forgotten.

olesoulle, I seem to remember a man driving up to my grandpas house about 25 years ago asking for access. He was pretty rude with his denial. I wonder if that was you. Lol. He bought me my first metal detector the next day.
 
.... Now, to answer your question. Whether or not it's illegal to detect on the roadside depends on a few factors. You WILL be arrested and/or fined heavily for any excavation on roadsides that run through state parks, wildlife management areas, wetlands protection areas soil conservation areas and I believe wellhead protection areas no matter the depth of the excavation or the size of the digging equipment you are using. .....

Uhh, where are you getting this information ? If you are relying on verbiage that forbids "excavation", well .... SURE ! In fact, 100% of public land EVERYWHERE in the USA (all parks, schools, beaches, forests, deserts, etc...) have some boiler plate verbiage that forbids "excavation". And also words like "alter" and "deface", etc...

Thus if you think those buzz-words automatically forbid the type stuff md'rs do , then give it up now. Stay off all public land everywhere.

No, I do not construe such wording to apply to us. If you cover your spot, stomp, and fluff up (leaving no trace of your presence), then ... presto: You have not alterED, defacED or excavatED anything.

And ... seriously .... can you give us ANY example of someone who was "arrested and fined heavily" for (gasp) digging a coin or pulltab on the roadside ?? :?:
 
Here are just a few of the statutes that can be applied to a person metal detecting on a roadside. There are several more that I know of for sure, but I don't remember where they are listed in the Louisiana Revised Statutes. The main thing you have to realize is that there are historically significant areas everywhere in Louisiana. And don't even get me started on the conservation and research areas.

Louisiana RS 41:1604
§1604. !Responsibilities of the division.
The division shall initiate and promulgate a program in archaeology, which shall include but not be limited to the activities delineated in this Section. !In carrying out this responsibility, the division shall:
(1) !Promulgate reasonable rules and regulations concerning the recovery and study of historic and prehistoric archaeological remains which in any way relate to the inhabitants, prehistory, history, government, or culture, in, on, or under any of the lands belonging to the state of Louisiana, including the tidelands, submerged lands, and the bed of the sea within the jurisdiction of the state of Louisiana. !These remains shall include but shall not be limited to:
(a) !All prehistoric and historic American Indian or aboriginal campsites, dwellings, habitation sites, burial grounds, and archaeological sites of every character;
(b) !All historic sites, objects, and buildings;
(c) !All sunken or abandoned ships and wrecks of the sea or rivers, or any part of the content thereof;
(d) !All treasure embedded in the earth or underwater; and
(e) !All maps, records, documents, books, artifacts, and implements of culture which relate to such archaeological remains.
(2) !Maintain the state archaeological site files, including but not limited to site records, field notes, maps, photographs, and reports.
(3) !Function as legal custodian for all archaeological artifacts and objects of antiquity which have been recovered from state lands or donated from private lands, except those donated to the Louisiana State Museum or the office of state parks. !The repository of all artifacts under the control of the division shall take into consideration the public nature and research value of these objects and insure that they are accessible to maximum public exhibit consistent with their preservation.
(4) !Implement a program of activities that will make available to the public information about the historic and prehistoric resources of the state. !This shall include but shall not be limited to press releases, newsletters, booklets, exhibits, audio-visual programs, and teaching materials.
(5) !Serve as the archaeological advisory source for all state agencies by assisting them in evaluating any potential impact of their projects on archaeological resources.
(6) !Administer those portions of the National Historic Preservation Act relative to archaeology.
(7) !Advise the secretary of the Department of Culture, Recreation and Tourism and the state historic preservation officer on matters affecting archaeology.
(8) !Administer an archaeological grants program.
(9) !Implement for the state the Abandoned Shipwreck Act.
Acts 1989, No. 291, §1.

Louisiana RS 41:1605
§1605. !Archaeological finds on state land; state property.
A. !All sunken or abandoned pre-twentieth century ships and wrecks of the sea and any part of the contents thereof and all archaeological treasure located in, on or under the surface of lands belonging to the state of Louisiana, including its tidelands, submerged lands and beds of its rivers, and the sea within the jurisdiction of this state are hereby declared to be the sole property of the state of Louisiana, under the administration and protection of the secretary of the Department of Culture, Recreation and Tourism, hereinafter in this Chapter referred to as the "secretary".
B. !It shall be unlawful for any agency, political subdivision, group, or person to take, alter, damage, destroy, or excavate on state-owned lands as herein described without first obtaining a permit or contract from the secretary. !Permits shall be issued for purely scientific and educational projects and only when all recovered materials are to remain the property of the state and when there is to be no compensation to the permittee based on the value of the recovered remains. !Contracts shall be entered into for recovery of materials when compensation is to be made to the contract holder based on the value of the recovered remains.
Acts 1989, No. 291, §1.

Louisiana RS 41:1610
§1610. !Prohibited excavations
A. !No person, not being the owner thereof, shall without the consent of the owner enter or attempt to enter upon the lands of another and intentionally injure, disfigure, remove, excavate, damage, take, dig into, or destroy any sites or artifacts addressed by R.S. 41:1604(1).
B.(1) !No person may excavate, remove, damage, or otherwise alter or deface or attempt to excavate, remove, damage, or otherwise alter or deface any archaeological resource located on state lands unless such activity is approved by the agency with ownership responsibilities over the lands and is authorized under a permit issued pursuant to R.S. 41:1606.
(2) !No person may sell, purchase, exchange, transport, or receive or offer to sell, purchase, or exchange any archaeological resource if such resource was excavated or removed from state lands in violation of Paragraph (1) of this Subsection.
(3) !Any person who knowingly violates or counsels, procures, solicits, or employs any other person to violate any prohibition contained in Paragraph (1) or (2) of this Subsection shall, upon conviction, be fined not more than ten thousand dollars or imprisoned not more than one year, or both. !However, if the commercial value of the archaeological resources involved and the cost of restoration and repair of such resources exceeds the sum of five hundred dollars, such person shall be fined not more than twenty thousand dollars or imprisoned not more than two years, or both. !In the case of a second or subsequent violation, upon conviction, such person shall be fined not more than one hundred thousand dollars, or imprisoned not more than five years, or both.
(4) !All archaeological resources collected, transferred, or sold in violation of this Subsection shall be forfeited to the state.
(5) !All vehicles and equipment of any person that were used in connection with the violation of this Subsection may be forfeited to the state.
(6) !Nothing contained in this Subsection shall apply to any person with respect to any archaeological resource that was in the lawful possession of such person prior to June 26, 2001.
(7) !For the purpose of this Subsection, "archaeological resource" shall mean any material remains of past human life or activities that are of archaeological interest which shall include but not be limited to pottery, basketry, bottles, weapon projectiles, tools, structures or portions of structures, human skeletal remains, Civil War artifacts, or any portion or piece of the foregoing items.
Acts 1989, No. 291, §1; Acts 2001, No. 938, §1, eff. June 26, 2001.
 
Here are just a few of the statutes that can be applied to a person metal detecting on a roadside.....

XofRAR : Thanx for replying to the question.

May I suggest to you that you promptly abandon the hobby of metal detecting ?

Because: If all such boiler plate ".... prehistoric and historic American Indian... " and "abandoned ships and wrecks of the sea or rivers...." verbiage means " no md'ing" : Then I can guarantee you: You will find similar verbiage (harvest/remove, lost/found, annoy, etc... ) language in every single speck of public land.

By all means: stop md'ing entirely :( But the REAL question is: Did anyone really care or wonder or worry ? No. Not until you asked. And got a "pressing answer " to your "pressing question".
 
Thems a lot of rules for sure but one thing that be pretty important for huntin roads in Luzianne is to at least know how to pronounce "Bayou" "Thibodaux" "boudin" "Calcasieu" and a lot of other words with X's in em unless you want to geaux get looked at sideways....
 
Re.: the LA cut & paste above: If I searched long enough and hard enough, and asked enough purist archies and lawyers, I could no doubt find similar wording for CA. And all the other states in the USA.

And then if I asked long enough and hard enough: "Does this apply to roadsides of various entities (county, city, state, and federal), that I could no doubt find someone to say "yes it applies".

And just like the LA cut & paste, it will sound dire and scary.

Yet as we all know: Md'ing is common place in all 50 states. In (gasp) parks, schools, forests, beaches, deserts, roadsides, etc... And (gasp) people find old coins all the time (a quick look at any md'ing "finds" section will show this fact). But sure: If you ask enough purist archies, they will try to point you to ARPA, or state park rules, and claim it subrogates down to all lesser/lower entity/level lands. But ask yourself: Did anyone in the entire state, besides those 1 or 2 archies care one iota ? Of course not.

Moral of the story: Do not as purist archies silly questions, and you won't get silly answers.
 
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