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Oregon Law re: Digging
BobGreene
Posts: 952 ✭
This Oregon law probably affects metal detectorists in Oregon.
MEDFORD, Ore. (AP) — An Oregon man who searches for old bottles hit the national spotlight with an appearance on a the Travel Channel show “Cash and Treasures.”
But Dale Mlasko could have done without the publicity.
The Oregon State Preservation Office sent a letter alerting Mlasko that it is illegal for anyone to intentionally unearth artifacts more than 75 years old without a permit from the state — even on private property.
Unearthing such items also must be witnessed by an archaeologist.
“I did not know this law was in effect,” Mlasko said. “I don’t even keep most of the stuff. I give it to the property owner.”
Mlasko, 44, of Medford has been following his passion for hunting glass since he was a boy. He searches for bottles from the 1800s and early 1900s on private property in Northern California and Southern Oregon. He asks the owners for permission.
Susan Lynn White, Oregon assistant state archaeologist, said she doesn’t think Mlasko meant any harm, and the state doesn’t want to appear punitive or arbitrary — or even prohibit Mlasko from digging.
“We’re more interested in education, rather than punishment,” she said.
White said property owners shouldn’t worry about violating the law if artifacts are unearthed while digging up an old septic tank or installing a fence. Inadvertent discovery of historic matter is not illegal.
The digging, however, should cease until the state’s preservation office is notified and can assess the situation.
“Everything is context,” she said.
State officials were not the only ones to give Mlasko grief about his episode. He was blasted on an Internet-based forum, and Mlasko said he received “anonymous threatening letters from so-called archaeologists.”
Larry Smith, executive director of the Jacksonville Woodlands Association, wasn’t vitriolic, but he, too, supports the law.
“People need to be sensitive,” he said. “Once you move a bottle, once you move an arrowhead, the historical significance is reduced.”
Mlasko said he will comply with the Oregon law, but plans to dig more often in less-restrictive California. He thinks the Oregon law will have a chilling effect on his fellow hobbyists.
“A lot of bottle collectors have gone underground,” Mlasko said.
MEDFORD, Ore. (AP) — An Oregon man who searches for old bottles hit the national spotlight with an appearance on a the Travel Channel show “Cash and Treasures.”
But Dale Mlasko could have done without the publicity.
The Oregon State Preservation Office sent a letter alerting Mlasko that it is illegal for anyone to intentionally unearth artifacts more than 75 years old without a permit from the state — even on private property.
Unearthing such items also must be witnessed by an archaeologist.
“I did not know this law was in effect,” Mlasko said. “I don’t even keep most of the stuff. I give it to the property owner.”
Mlasko, 44, of Medford has been following his passion for hunting glass since he was a boy. He searches for bottles from the 1800s and early 1900s on private property in Northern California and Southern Oregon. He asks the owners for permission.
Susan Lynn White, Oregon assistant state archaeologist, said she doesn’t think Mlasko meant any harm, and the state doesn’t want to appear punitive or arbitrary — or even prohibit Mlasko from digging.
“We’re more interested in education, rather than punishment,” she said.
White said property owners shouldn’t worry about violating the law if artifacts are unearthed while digging up an old septic tank or installing a fence. Inadvertent discovery of historic matter is not illegal.
The digging, however, should cease until the state’s preservation office is notified and can assess the situation.
“Everything is context,” she said.
State officials were not the only ones to give Mlasko grief about his episode. He was blasted on an Internet-based forum, and Mlasko said he received “anonymous threatening letters from so-called archaeologists.”
Larry Smith, executive director of the Jacksonville Woodlands Association, wasn’t vitriolic, but he, too, supports the law.
“People need to be sensitive,” he said. “Once you move a bottle, once you move an arrowhead, the historical significance is reduced.”
Mlasko said he will comply with the Oregon law, but plans to dig more often in less-restrictive California. He thinks the Oregon law will have a chilling effect on his fellow hobbyists.
“A lot of bottle collectors have gone underground,” Mlasko said.
Bob
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Have you heard this before?
That really sounds stupid to me, because if a bottle or arrowhead was buried underground and nobody knew about it, it wouldn't have any historical significance at all, because nobody even knew about it.
I'd better call them and tell them to stop moving. Don't wanna reduce their historical significance.
<< <i>LordMarcovan...maybe you can clear this up for me...I've been told there are laws in some jurisdictions in Georgia that state any item found on public land is property of the residing government and their removal is considered antiquities theft...a 2007 Memorial Penny technically falls under the law...so would retrieving your own lost wedding band or any other item.
Have you heard this before? >>
I can't clear up specific matters of state law, not being a student of such things. Georgia does indeed have some strict laws regarding antiquities, but a 2007 Memorial cent and my own wedding bad (even the one from my first marriage!) certainly don't qualify. I think a lot of folks misinterpret certain laws and understand them to be more restrictive than they actually are.
People need to wake up and tell them to stick their garbage where it belongs !!
and to think I spent most of my life in oregon and never ever heard of this agency ?
2bits
By the way Hello to everyone !!!
Always Looking for Raw Proof Lincoln Cents !!
SALEM, Ore. (Associated Press) -- A pair of Salem residents learned the hard way that finders are not always keepers. Lonnie Anderson, 47, and Jacqueline Shimmin, 37, were arrested last week failing to return a lost ring. Each faces a charge of first-degree aggravated theft of lost or mislaid property, said Sgt. Albert Gordon of the Salem Police Department.
Oregon law states someone must make a reasonable attempt to return lost property to its rightful owner. The property may be kept if no one comes forward in 30 days.
"It's a universal law," Gordon said. "If you find something, you need to make some effort to return it to the rightful owner."
Gordon said a reasonable attempt would include posting an advertisement or bringing it to police. The law applies especially to property of high value or unique design, Gordon said.
The large, emerald-cut diamond ring was lost at a Salem grocery store on Nov. 15. That same day, a man and a woman brought a ring to the jewelry department at a Fred Meyer store, requesting an appraisal.
Fred Meyer employees said the appraisal would take a few days. The man and woman filled out paperwork but left with the ring, Gordon said.
Meanwhile, on Nov. 17, Nov. 18 and Nov. 19, a classified ad ran in the Statesman Journal newspaper: "LOST Large Diamond Ring: Generous Reward."
One woman connected the dots. She saw the ad and told detectives that she heard a story from a friend about two people finding a ring and taking it to a Fred Meyer store.
Detectives tracked down the person who placed the ad, then went to Fred Meyer. Detectives were convinced they were dealing with the same ring.
Detectives then found the pair who had requested the appraisal.
It didn't take long for them to admit they had the lost ring, Gordon said. He noted that they also acknowledged seeing the newspaper advertisement.
Police declined to say how much the ring was worth, but the charges Anderson and Shimmin face apply to items worth more than $10,000
are over 75 years old. No digging, go to jail. Been there and done that and the BLM police are not nice
people. I had collected a few old caps from bottles and one penny from 1898 or so when I was "caught".
Mind you, I was not in a Ghost town or any place that had buildings. I was detecting around an old mine
shaft and tunnel complex of about an acre or so. Not a building in 50 miles. No town, no trailer, no nothing.
Yep, lost my Whites, bib, digging tools and went to court and paid $300 fine. Brought attorney with me,
Ha ha, that was a $250 blunder! No press, thank God. I was chastised by the Judge and that hurt. I later
found out that it applies to private property as well. Many ranches here in NV have "ghost towns" on them
and there is no digging there either.
I know that there are lots of detectorits here and they dig all the time but I just hope they keep their finds
to themselves as the FEDs don't like the hobby. They say, as did the judge, that the diggers are removing
what belongs to the people.
I have a newer Whites now but only dig for "nuggets" and don't keep anything in the bib but rocks. That
should keep them at bay.
bob in Vegas
<< <i>Removing what belongs to the people? That's the stupidest arguement I've heard! Would that liberal leftist judge prefer that the artifacts be lost to history altogether? >>
Judge Bon******* was the judge and I understand that ALL THE PEOPLE own what is on public lands or such until I STEAL IT! Oh, yeah, one
red cent (it was actually very crusty) and two old bottle lids. Hmmmmmm, ALL THE PEOPLE have never seen those before and they are obviously
HISTORICAL!
bob