I've notice a lot of people go to pay sites to dig. Upon my brother finding a very unique piece on our property, I had showed a friend. Well he's going to show pics of it to someone and he called me tonight. The subject came up of the legal issues involved and I told him I believe it's okay as long as it's on your own property. Am I right or do we have to list it as private property? I'm sure it varies from state to state. The only reason he brought up the legal thing is because the subject of authenticating it came up and I told him that's no problem accept I wouldn't want some group to come in and muscle their way into digging on our property. As far as my brother or I digging, I believe it's perfectly legal.
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If it is on your own property some times you still have to get permission to dig for artifacts to do so believe it or not. But say you are planting a tree and just changed your mind about the spot who will care . If you go on somebody elses property you have to have written permission to be there even just for surface hunting. But if you are on just a nice walk who will know . Its reasons you have to decide and make your own choices. If you own 25 acres and you are the only one out there who is going to care? LOL, Good Luck!
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Butch Wilson wrote:
Private property is property owned by a individual, that would be you and not Federally, County, state, or municipality owned.
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well i'm a digger, i dug on a farm with a sink hole and rock exposed, fresh water at the bottom, the owner a old black man that grew up there had three rules don't steal anything, don't tunnel, fill in my holes, he raised cattle and didn't want them to maybe step on a hollow spot and get hurt, then a cell phone co. came to him wanted to rent a spot for a tower, the state came did some test holes found artifacts said nope can't do it, i was there digging when they came they did talk to Mr. Miller but no one talked to me about digging, i ask him what they said he told me not to worry about it, he's passed now bless his heart, his family wanted new cars and things so they sold it, as far as walking if there's a 4 sell sign, and it doesn't say by appointment its my understanding you can walk on in there to see if you want to buy it, i always look down to make sure there's not a sink hole or something sharp that could hurt me,,, i'd say go for it that whole grave goods thing is abunch of crap anyway, its like me loseing a screwdriver and you finding it,, they were only tools to them ts
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The new Arkansas law is not the first of its kind; Indian groups have prompted other state legislatures and the federal government to enact similar laws. I have had friends that have dug up many a mound sites in Arkansas and made money selling grave goods. Its still going on but you better not get caught at it. Its ok to dig on your own land if you are digging a camp site, but you cannot be digging up graves and collecting to burial goods from them any longer for your private collection or to sell in the market.
The 1979 federal Archeological Resource Protection Act forbids the digging of burial grounds on federal property, with sentences of up to five years in prison and fines of $250,000. And the new federal Native American Grave Protection and Reparations Act provides criminal penalties for trafficking in Indian burial items.
The first offense under the new Arkansas law is a Class A misdemeanor, punishable by up to a year in the county jail and up to a $1,000 fine. Subsequent offenses are considered Class B felonies, punishable by up to 6 years in state prison and up to a $10,000 fine. We don't know how serious the law enforcement people are going to take it, but time will tell if they put any effort into enforcing this law.
Jack
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Jack
From what I understand from that 1979 act, you may pick up arrowheads located on the
surface of the ground, even on public land and Indian land. Its in section 6. It was the
Carter clause, enacted by President Jimmy Carter, because he was an avid collector.
This probably doesn't include state parks right? Do local state laws trump this Federal law?
Gary
ps. after rereading the law,"partly", public land is defined as, 1: national park system, 2: national wildlife refuge system, 3: national forest system. and all other lands, the fee title to
which is held by the US.
So...... this means you can surface hunt in the parks and on other Gov. land, and Indian land??
Gary
South Dakota
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SDhunter wrote:
Jack
From what I understand from that 1979 act, you may pick up arrowheads located on the
surface of the ground, even on public land and Indian land. Its in section 6. It was the
Carter clause, enacted by President Jimmy Carter, because he was an avid collector.
This probably doesn't include state parks right? Do local state laws trump this Federal law?
Gary
ps. after rereading the law,"partly", public land is defined as, 1: national park system, 2: national wildlife refuge system, 3: national forest system. and all other lands, the fee title to
which is held by the US.
So...... this means you can surface hunt in the parks and on other Gov. land, and Indian land??
Gary
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