Nickanoor
Full Member
I sent a question regarding the laws of metal detecting to our mayor not too long ago, he then contacted the city attorney and he sent me this.
After a careful review of State of Arkansas and Federal law, it is our opinion that metal
detectors may be used within City limits, provided that state and federal guidelines are
strictly adhered to.
An individual may use a metal detector as they wish on their own private
property within the City of North Little Rock. However, it must be noted that this is
strongly discouraged by the State of Arkansas (Ark. Code Ann. § 13-6-301(b)(1). In
regard to private property owned by others within the City, a person may utilize their
metal detector so long as they first obtain permission from the property owner(s) (Ark.
Code Ann. § 13-6-307(a)(1). To proceed without permission, one would risk
committing multiple criminal offenses (Ark. Code Ann. § 13-6-307).
It is important to note that anything discovered on one’s own property, or on
private properties of others, will likely require determination by a court of law as to
whether it is mislaid property or treasure trove. If the court determines that such
property is mislaid because it was intentionally put in a certain place and then later
forgotten, the property must be returned to the owner of the premises. On the other
hand, if the court determines that such property is treasure trove because of its antiquity
and concealment in the earth, the finder of such property is entitled to ownership. See
generally Terry v. Lock, 343 Ark. 452, 37 S.W.3d 202 (2001); Franks v. Pritchett, 88
Ark. App. 243, 197 S.W.3d 5 (2004).
Concerning Arkansas state-owned or controlled property within the City, the
State of Arkansas retains the exclusive right and privilege of field archaeology on these
sites. Ark. Code Ann. § 13-6-301(a)(1). Unless the metal detector user is designated an
agent of the Arkansas Archeological Survey, they may not excavate any artifact from the site; proceeding otherwise potentially amounts to multiple criminal offenses (Ark.
Code Ann. § 13-6-306). To become an agent of the Arkansas Archeological Survey,
one may consult Ark. Code Ann. § 13-6-201, et seq.
As for property owned by the federal government within the City, including but
not limited to national parks, an individual may use a metal detector so long as they first
obtain a permit from the Secretaries of the Interior, Agriculture, and War [Army]. See
16 U.S.C. § 432. Moreover, any examination, excavation, and/or gathering must be
undertaken for the benefit of museums, universities, educational institutions, etc., as
opposed to solely personal hobby, Id. Again, it must be noted that proceeding without
permission will result in criminal offenses (16 U.S.C. § 433).
Does this mean that we're not allowed to detect in any places such as schools, parks, etc? That seems a bit outstanding to me. Or does artifact mean something of historical value?
After a careful review of State of Arkansas and Federal law, it is our opinion that metal
detectors may be used within City limits, provided that state and federal guidelines are
strictly adhered to.
An individual may use a metal detector as they wish on their own private
property within the City of North Little Rock. However, it must be noted that this is
strongly discouraged by the State of Arkansas (Ark. Code Ann. § 13-6-301(b)(1). In
regard to private property owned by others within the City, a person may utilize their
metal detector so long as they first obtain permission from the property owner(s) (Ark.
Code Ann. § 13-6-307(a)(1). To proceed without permission, one would risk
committing multiple criminal offenses (Ark. Code Ann. § 13-6-307).
It is important to note that anything discovered on one’s own property, or on
private properties of others, will likely require determination by a court of law as to
whether it is mislaid property or treasure trove. If the court determines that such
property is mislaid because it was intentionally put in a certain place and then later
forgotten, the property must be returned to the owner of the premises. On the other
hand, if the court determines that such property is treasure trove because of its antiquity
and concealment in the earth, the finder of such property is entitled to ownership. See
generally Terry v. Lock, 343 Ark. 452, 37 S.W.3d 202 (2001); Franks v. Pritchett, 88
Ark. App. 243, 197 S.W.3d 5 (2004).
Concerning Arkansas state-owned or controlled property within the City, the
State of Arkansas retains the exclusive right and privilege of field archaeology on these
sites. Ark. Code Ann. § 13-6-301(a)(1). Unless the metal detector user is designated an
agent of the Arkansas Archeological Survey, they may not excavate any artifact from the site; proceeding otherwise potentially amounts to multiple criminal offenses (Ark.
Code Ann. § 13-6-306). To become an agent of the Arkansas Archeological Survey,
one may consult Ark. Code Ann. § 13-6-201, et seq.
As for property owned by the federal government within the City, including but
not limited to national parks, an individual may use a metal detector so long as they first
obtain a permit from the Secretaries of the Interior, Agriculture, and War [Army]. See
16 U.S.C. § 432. Moreover, any examination, excavation, and/or gathering must be
undertaken for the benefit of museums, universities, educational institutions, etc., as
opposed to solely personal hobby, Id. Again, it must be noted that proceeding without
permission will result in criminal offenses (16 U.S.C. § 433).
Does this mean that we're not allowed to detect in any places such as schools, parks, etc? That seems a bit outstanding to me. Or does artifact mean something of historical value?