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  • Kentucky artifact Legality, questions.

    I just recently read that folks who find artifacts on private property are legally obligated to share the sites location with the state college. So I called the college and plan to register my sites. But I was wondering, what this is all about? I had never heard of such a thing.
      Will the information become public?
    Will this effect my ability to find new places, because I'd imagine some people don't want the habitation sites on their land to be reported for fear it may some day effect how they can use the land? Am I legally obligated to share sites on other property?
    how does this work?
    location:Central Ky

  • #2
    I think I would prefer to stay in the realm of questionable legality than people knowing where my sites are. I don't know your area laws but it seems odd to me.

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    • #3
      Dirt e Deeds wrote:

      I think I would prefer to stay in the realm of questionable legality than people knowing where my sites are. I don't know your area laws but it seems odd to me.
      It was explained to me that this would not effect how a private land owner can develop his property, it would only come into play if the state or federal government were to use the land for some purpose. I read a PDF on it, and as I understand it, artifacts on private property can be freely collected, only state and federal lands are prohibited.
      But according to the magazine, "Kentucky Life" and the college rep, the law is more broad, as in even artifacts on private land should be reported, so that the site is recorded and mapped. this would be useful to get a an idea of when and where folks were.
      My question is, how does this effect my ability to hunt on other peoples lands?
      location:Central Ky

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      • #4
        True, I'd just fear them publicly announcing it in some publication and others trespassing and picking. That or them taking stuff themselves in the study. Kyflintguy may know I'd let him chime in.

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        • #5
          There is advice from the Kentucky Heritage Council on how to report an archaeological site to the Kentucky Archaeological Survey here:

          Nowhere does it say that there is a legal obligation to report a site. It seems to be good practice advice given in a friendly manner….
          >>>If you know about an important archaeological site, the Kentucky Archaeological Survey would like to hear from you…
          …The information you provide about the site and its location is strictly confidential.  The Office of State Archaeology's site records are not open to the public and are available for use only by professional archaeologists, researchers and land managers/land-use planners. Reporting sites in no way jeopardizes site ownership nor does it mean that a recorded site must be open to the public for visitation.  Recording a site contributes to our understanding of Kentucky's past and is a way to preserve the past for the future.  Knowing where sites are means we can avoid destroying them inadvertently through construction or development: we cannot protect something if we do not know that it exists…
          …We thank you for your interest in preserving Kentucky's archaeological heritage!
          I keep six honest serving-men (they taught me all I knew); Their names are What and Why and When and How and Where and Who.

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          • #6
            thanks Painshill, As I said the article that stated this was in a monthly magazine called "Kentucky Living" I read a PDF on the subject,  I am no expert at parcing legalese. It seemed to focus mainly on public land.
            I am supposed to talk to Christina Pappas from UK on Monday about my sites.
            location:Central Ky

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            • #7
              waterglass wrote:

              thanks Painshill, As I said the article that stated this was in a monthly magazine called "Kentucky Living" I read a PDF on the subject,  I am no expert at parcing legalese. It seemed to focus mainly on public land.
              I am supposed to talk to Christina Pappas from UK on Monday about my sites.
                Although I'm not American, I actually work as a regulatory advisor. Do you have the pdf? The magazine's website is hopeless and there isn't even a search engine.
              I keep six honest serving-men (they taught me all I knew); Their names are What and Why and When and How and Where and Who.

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              • #8
                [QUOTE]painshill wrote:

                Originally posted by waterglass post=157726
                thanks Painshill, As I said the article that stated this was in a monthly magazine called "Kentucky Living" I read a PDF on the subject,  I am no expert at parcing legalese. It seemed to focus mainly on public land.
                I am supposed to talk to Christina Pappas from UK on Monday about my sites.
                  Although I'm not American, I actually work as a regulatory advisor. Do you have the pdf? The magazine's website is hopeless and there isn't even a search engine.
                  This is the link.

                location:Central Ky

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                • #9
                  I lived and hunted for several years in Kentucky, from my understanding you don't have to report anything on private land.  It's encouraged, but not a requirement unless you find disturbed unmarked graves or human remains.
                  My view, if you don't own the property you shouldn't file a site registration report unless the land owner consents.  Right now it doesn't encumber the land, but who knows in the future.  Also, no archaeologist really needs to know about a site where you found two arrowheads.  They should know about big sites, villages, paleo kills, etc.  You'd be hardpressed to find an acre of ground in many parts of Kentucky where there isn't some evidence of ancient people.
                  Hong Kong, but from Indiana/Florida

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                  • #10
                    I can't really add alot to what's already been said. I guess it all comes down to preference and if you feel like you have something significant enough on your property that it should be professionally studied or surveyed.
                    As far as laws go I do believe  it is illegal to intentionally dig for Native American artifacts regardless of were it is, without a permit to do so in the state of Ky. Wich boggles me as far as TN is concerned, because here you can dig on private property though it is discouraged, yet they will nail you for surface collecting on a Lakeshore or riverbank :dunno:
                    Curious to see what measures they take with your sites waterglass,  I don't think there is any immediate danger of you losing the rights or privileges you currently have,  but the future remains unclear as to who knows how the laws or rights will change regarding sites in Kentucky on privately owned property?
                    Josh (Ky/Tn collector)

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                    • #11
                      Kyflintguy wrote:

                      I can't really add alot to what's already been said. I guess it all comes down to preference and if you feel like you have something significant enough on your property that it should be professionally studied or surveyed.
                      As far as laws go I do believe  it is illegal to intentionally dig for Native American artifacts regardless of were it is, without a permit to do so in the state of Ky. Wich boggles me as far as TN is concerned, because here you can dig on private property though it is discouraged, yet they will nail you for surface collecting on a Lakeshore or riverbank :dunno:
                      Curious to see what measures they take with your sites waterglass,  I don't think there is any immediate danger of you losing the rights or privileges you currently have,  but the future remains unclear as to who knows how the laws or rights will change regarding sites in Kentucky on privately owned property?
                        After carefully reading the PDF, I think you need a permit for any lands owned or leased by the state. Private land is not covered by that requirement. but if human remains are found, they should be reported at once. Caves even on private land require a permit.
                      as to the law about collecting points along creeks in TN. That has never made sense to me, unless their are college kids walking the area to collect and store the points, why would they allow all of that stuff to be lost? even in private hands, the points would be out there, and offer the same insights. It is not like their is alot of context to be gleaned from a sand bar 30 miles from the washed out habitation site.
                      location:Central Ky

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                      • #12
                        As far as I have found out on the law in Ky...is no digging in any cave....otherwise digging is legal on private lands as long as it is not a burial site..surface hunting is legal except for any state or federal owned lands...not legal to trespass ...some river banks are controlled by TVA and other government agencies...what I have found out other river banks around private owned areas have two different laws...one its legal up to the high water line others are the low water line....some areas with navigable waterways that go through private lands is just legal on the water...as long as landowner owns both sides of it....so in this area you can go down on the water but no boots on ground without permission. Law is kinda vague except for there is to be no cave digging whether its on private land or not........If someone can show me different please do...
                        I Have Never Met A Rock I Didn\'t Like

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                        • #13
                          http://www.ehow.com/info_8486611_ken...artifacts.html.

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                          • #14
                            [QUOTE]waterglass wrote:

                            Originally posted by Kyflintguy post=157741
                            I can't really add alot to what's already been said. I guess it all comes down to preference and if you feel like you have something significant enough on your property that it should be professionally studied or surveyed.
                            As far as laws go I do believe  it is illegal to intentionally dig for Native American artifacts regardless of were it is, without a permit to do so in the state of Ky. Wich boggles me as far as TN is concerned, because here you can dig on private property though it is discouraged, yet they will nail you for surface collecting on a Lakeshore or riverbank :dunno:
                            Curious to see what measures they take with your sites waterglass,  I don't think there is any immediate danger of you losing the rights or privileges you currently have,  but the future remains unclear as to who knows how the laws or rights will change regarding sites in Kentucky on privately owned property?
                              After carefully reading the PDF, I think you need a permit for any lands owned or leased by the state. Private land is not covered by that requirement. but if human remains are found, they should be reported at once. Caves even on private land require a permit.
                            as to the law about collecting points along creeks in TN. That has never made sense to me, unless their are college kids walking the area to collect and store the points, why would they allow all of that stuff to be lost? even in private hands, the points would be out there, and offer the same insights. It is not like their is alot of context to be gleaned from a sand bar 30 miles from the washed out habitation site.
                              Yes, I think that's pretty much right.
                            Looking at the pdf from a regulatory perspective, my take would be that it is rather badly written and contains both ambiguities and inconsistencies in the terminology of the definitions as well as some “disconnects” between the various acts. I interpret it that the legal requirement to report an “archaeological site” or “object of antiquity” applies only to those things when found on “lands owned or leased by the state, state agencies, counties, or municipalities”. Not to privately-owned land.
                            Although the legislation specifies that “the department may enter into contracts or cooperative agreements with private landowners” and that “the department may acquire, with any funds available… title to any real estate upon which is located an archaeological site or object of antiquity”, I interpret that as meaning that the state still needs to get the written agreement of the landowner for any interference. Not that they have any legal rights over land which they do not own, nor any entitlement for “compulsory purchase” of the land on which a site or artefact is discovered.
                            Caves (as defined) are more specifically protected, even when on privately owned land. The term “cave” only applies to naturally-formed structures (not to anything man-made) which are large enough for a person to enter, and have a “black zone” (an area not reached by daylight). It’s not an offence to enter a cave (providing it has not been posted by the owner) but it is an offence to disturb or remove materials of interest from it. For that, you not only need the express written prior permission of the owner, but also a state-issued permit (or be working under the direction of someone who has a permit).
                            I keep six honest serving-men (they taught me all I knew); Their names are What and Why and When and How and Where and Who.

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                            • #15
                              Ok guys thanks for clarifying that for me, I guess I misunderstood the way they had it worded, it was kind of hard to follow.
                              Josh (Ky/Tn collector)

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