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Old 08-26-2011, 12:52 AM
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Nickanoor Nickanoor is offline
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Question Arkansas laws need some clarification please.

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?

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Old 08-26-2011, 12:58 AM
OZARKS OZARKS is offline
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They're referring to state parks /CW battlefields on the historic register , not public property like neighborhood city parks etc

But, it IS always good to get permission to hunt no matter where it is to be sure
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Old 08-26-2011, 01:04 AM
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Originally Posted by OZARKS View Post
They're referring to state parks /CW battlefields on the historic register , not public property like neighborhood city parks etc

But, it IS always good to get permission to hunt no matter where it is to be sure
I can't find anyone to contact about the matter. All my searches tend to wind up nowhere.
Hmm, well I'll post the entire email, it says not to distribute, but I really need some clarification.

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Old 08-26-2011, 01:15 AM
OZARKS OZARKS is offline
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Quote:
Originally Posted by Nickanoor View Post
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.



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).


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?

As far as the treasure trove laws in Arkansas :

Most courts in the United States that have addressed the question of treasure trove rule that it goes to the finder. The doctrine is recognized in Arkansas,32Connecticut,33 Delaware,34 Georgia,35 Indiana,36 Iowa,37 Maine,38 Maryland,39 NewYork,40 Ohio,41 Oregon,42 and Wisconsin.43

The historical theory behind this is that theEnglish monarch’s claim to treasure trove was a statutory enactment that replaced an original right in the finder to treasure trove. 44 When this statute was not re-enacted after American independence, the right to treasure trove reverted to the finder.

45 The Antiquities Act was struck down in 1974 because the term “antiquity” was unconstitutionally vague. 83 It was replaced by the Archaeological Resources Protection Act of 1979 (ARPA), which applies to all archaeological resources that are more than one hundred years old. 84 ARPA, however, does not apply to finds of coins that are less than one hundred years old.
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Old 08-26-2011, 01:18 AM
OZARKS OZARKS is offline
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Find who runs the parks department, ask the superintendent of that dept
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  #6  
Old 08-26-2011, 08:16 PM
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Originally Posted by OZARKS View Post
Find who runs the parks department, ask the superintendent of that dept
Thanks for your help, I'll try that.

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Old 08-26-2011, 09:36 PM
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Jason in Enid Jason in Enid is offline
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I see what you did wrong... you went asking for permission for something that's not illegal. Good job, it may soon be in your town now.

When you start asking "please may I", you just give them the oportunity to say "no".
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Old 08-26-2011, 10:35 PM
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The reply you got appears to be silent concerning city owned property. I read that as "it doesn't say I can't"

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Old 08-27-2011, 01:00 AM
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Nickanoor Nickanoor is offline
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Quote:
Originally Posted by Jason in Enid View Post
I see what you did wrong... you went asking for permission for something that's not illegal. Good job, it may soon be in your town now.

When you start asking "please may I", you just give them the oportunity to say "no".
Well, I asked them months ago, when I first started. Better to be safe than sorry in my opinion. I highly doubt they'd even try to make it illegal anyway.

Quote:
Originally Posted by mr_hippie View Post
The reply you got appears to be silent concerning city owned property. I read that as "it doesn't say I can't"
Yeah, that's what I'm going to take it as. If someone confronts me, I'll just say that I've already contacted our mayor and city attorney.

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