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  • Questions On Digging

    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.

  • #2
    Never mind, I guess it's too touchy of a subject!

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    • #3
      Google artifacts and your states rules then read it and see what it says. Then you will know.

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      • #4
        I just googled it and some things are unclear. I don't know if I like it too much. When they say private property are they talking about your own property or someone-else's property that is listed no trespassing?

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        • #5
          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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          • #6
            As a matter of fact...I find all my items rite in my back yard. That is always where I find them and it is private property, NO TRESSPASSING SIGNS are posted! In case anyone asks  :whistle:

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            • #7
              Private property is property owned by a individual, that would be you and not Federally, County, state, or municipality owned.

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              • #8
                I found this right in my driveway while crushing cans. It's broke, but I thought it was cool to find in the driveway.


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                • #9
                  Butch Wilson wrote:

                  Private property is property owned by a individual, that would be you and not Federally, County, state, or municipality owned.
                    Well I don't much care for AR law then because if I read it right it's extremely strict even if it's your own land. There's a lot of stuff they'll never see because of these laws. A buddy of mine is going to show pics of my brother's find to this friend of his (which is 3/4 Cherokee). That friend of his has stuff that would blow peoples mind from what I understand, it'll never be seen by very many people, he won't even let people come to his house. If they have something to show him, he meets them somewhere.

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                  • #10
                    Yeah the laws differ from state to state for sure. Texas is probably the best state to look and find items to keep.

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                    • #11
                      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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                      • #12
                        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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                        • #13
                          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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                          • #14
                            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
                              Well I know that here in Arkansas on the Buffalo River you're not even suppose to take a common ordinary rock off it. There's a lot of these rules that aren't enforced, but it makes it hard to authenticate something from your own property for fear a group might try to say that's from a burial or something or at least that's my fear with my brother's recent find. When my buddy's friend sees those pics he's gonna say it's hard to tell from a photo but if it is authentic it's pretty rare. That's gonna make us want to authenticate it but these laws are too scary. I grew up on this property, hell my grandma was such and such percent Cherokee for all we know the natives that lived on this property was my ancestors. There should be a system in place that if you own land that you want to dig on all you have to do is take a special course for the sake of digging on your land. Let's say I'm a Christian an my religion tells me "you can't take it with you" so now I want to dig up my ancestors and put them in the family plot in our cemetery down the road, you know give them a proper burial. Well they can't take the artifacts with them I think we all know this so I add them to my collection or what ever I choose. Just a scenario. Even if it wasn't my ancestors I wish there was a course we could take to do more in depth digging on our own land. Like everyone says though "what they don't know won't hurt them", only thing is I can't authenticate some of the things that might be found. I've enjoyed all the input though, glad ya'll responded.

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                            • #15
                              well obviously state laws can trump that law I referred to.  Here in SD,  you can dig on private property,  as long as you aren't digging up bones from graves etc.  It is a dilemma
                              South Dakota

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