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Thread: New trespassing laws in SC

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    Platinum Member VWandSTUDEBAKER's Avatar
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    New trespassing laws in SC

    Just reading about some newly added wording to the trespassing laws in South Carolina in the July issue of E&W Treasures. Sounds like they will do more that slap you on the wrist now.
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    No reason to tresspass.If I don't have permission I dont go no trouble that way.
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    Guru DaleGM's Avatar
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    Archaeologists working there magic again I read the article also and just cant make sense on the way they word things to shut down Mding were they please,just found out about another outrageous law in NY at our last club meeting, no detecting within 50 feet of a tree,where will it end..........
    Sacramento, CA

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    Does the new rules apply to public property ??
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    text?

    Does anyone have this SC text? Whenever I see the word "trespassing", I immediately think of "private property". So as others have said here, if this were the case, then what's to worry about? (unless you are trespassing on private property). But I suppose it's also possible to "trespass" on public property too, isn't it? Like to be inside the public library when they're closed at night, or inside a demolition site going on within a public park, or other such closed land or buildings.

    So it depends on what is meant by "trespassing" here. Does anyone have the text?

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    There's a spot about 35 miles from me that people use to hunt but is now off limits cause it's state land(mostly woods) and they call it the Allegan forest and I never had a chance to hunt it before they made it off limits. I remember Al (metal detector shop owner) telling me how to get to a CW POW camp. Back when I bought my MXT I asked him if he could draw me a map how to get there and he said sorry that's off limits now and I said don't bother I'll just probably get in trouble if I try it.

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    Guru DaleGM's Avatar
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    Quote Originally Posted by Tom_in_CA View Post
    Does anyone have this SC text? Whenever I see the word "trespassing", I immediately think of "private property". So as others have said here, if this were the case, then what's to worry about? (unless you are trespassing on private property). But I suppose it's also possible to "trespass" on public property too, isn't it? Like to be inside the public library when they're closed at night, or inside a demolition site going on within a public park, or other such closed land or buildings.

    So it depends on what is meant by "trespassing" here. Does anyone have the text?
    Tom, just a brief on the new law in from the write up...........

    To amend the code of laws of South Carolina 1976, By adding Sec.16-11-780 so as to provide that it is unlawful to willfully, knowingly or maliciously enter upon the posted lands of another or the state and investigate,disturb,or excavate a prehistoric or historic site for the discovering,uncovering,moving,removing,or attempting to remove an archaeological
    resource; to provide penalties and civil remedies; and to provide exceptions.

    scroll down to 16-11-780 http://www.scstatehouse.gov/code/t16c011.htm
    Last edited by DaleGM; 06-06-2011 at 08:22 AM.
    Sacramento, CA

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    Bronze Member migz's Avatar
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    Quote Originally Posted by DaleGM View Post
    Archaeologists working there magic again I read the article also and just cant make sense on the way they word things to shut down Mding were they please,just found out about another outrageous law in NY at our last club meeting, no detecting within 50 feet of a tree,where will it end..........
    It won't end. WE need to END legislative immunity.

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    Gold Member Hunting310's Avatar
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    The sad thing is I live in SC and I didn't even know about this law until I read this article. Don't get me wrong I have done research on the metal detecting laws here and abide by them, but with this being a back door bill I had no clue. I doubt there is any chance of repealing this law seeing the huge margin that this law passed with, so I geuss all I can do is double check the property lines on the maps or scout the area before I hunt it. I hope that other states don't do the same thing because I would really hate to see someone one get in big trouble for an honest accident.

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    Dale

    Dale,

    thanx for typing that out.

    Your text indicates that it will illegal to: "...... enter upon the posted lands of ..... the state...."

    Well again: if a place is "posted" (ie.: you or I aren't supposed to be there, for some reason), then what's the problem? I mean, are state forests "posted", or are they "open" for individuals to be there? Ie.: if a person can walk or hike, or fly frisbees in a state park, for example, then that would seem not to be "posted". Again, I see terms like "trespassing" and "posted" to clearly refer to places that are "closed" in some way. Ie.: park's closed after sunset, or library closes at 6pm, etc.... Therefore, so long as the public land is accessible (and not "posted"), then it would seem there's no problem.

    I'll study your link more though ........

  14. #14
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    Ok I have read the section of the link, and the cross-references it pertains to. It certainly does seem to apply not only to private land, but to state land also. And the "posted" verbage, btw, had only to do with proper posting for private property.

    But as per the extent that this seems "scary", for what it seems to do to state lands, I would say this:

    It would only apply to state owned land, not federal, county, or city (IMHO). As such, how then is this any different than current state park's laws, in most states? For example: I have no doubt, right now, that in ANY state, if you were to walk into offices of state archies, hold up a large cent, or seated dime or whatever, and say "Hi, I found this on state land. Can I have it?". What do you think they would say? But you and I know that the reality is, these type things (cultural heritage verbage) are realistically only applied for guys sneaking around in obvious historic monuments, etc....

    I'm guessing you can find similar verbage, if you looked long and hard enough, in most any state. The state of CA, for example has stuff like this not only in state land laws, but specifically pointed stuff in our state park level laws as well. Yet some state parks here are hunted routinely, and no one cares. And the beaches have always been open game (I guess no one "asks enough questions" to clarify this). My hunch is that SC will be the same: stuff like this is for sacred sites, indian remains, disturbing an archie's pits, and just being a nuisance of some sort. I highly doubt archies will be roaming the forests looking over your shoulders at the dates on your coins to see if anything you found is over 50 (or 100 or whatever) years old, right? Afterall, you're just looking for modern change, or that boyscout ring you lost there when you were a kid, right?

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