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aplomado

Legality of collecting fossils in creeks in Alabama

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aplomado
14 hours ago, DevonianDigger said:

The public has no right of access to non-navigable waters in Alabama.1 However, Alabama law provides that a person may enter unimproved and apparently unused land that is not enclosed in a manner to exclude intruders “unless notice against trespass is personally communicated to him by the owner of such land or other authorized person, or unless such notice is given by posting in a conspicuous manner.”2

 

United States v. Harrell, 926 F.2d 1036, 1044 (11th Cir. 1991).

2 Alabama Code § 13A-7-1.

Thank you.

It is a pretty deep creek, and I was going to kayak up it (too deep to wade up it, though it is certainly no river).  I don't know if that is enough to make it a "navigable" waterway though???

I didn't see any no trespassing signs on the property.

I don't know how to find out if this creek is considered "navigable" though.  

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aplomado

Thank you very much.

 

I still have no idea if the creek is "navigable"!

 

I am not going to do this if it is not legal.

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DevonianDigger

As it's based on case law, you would need to either a.) look up the case law in question, or b.) ask someone who knows the answer already.

 

I'm sorry I can't be of additional help. I would say that since Alabama claims that the state owns the bed of the waterway regardless, it would be whatever the local laws were on collecting on state property. Perhaps a geologist or someone at an area museum could give you more information. 

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aplomado

You all have been very helpful.

 

Looking at the creek on a map, its wider than the two lane highway it crosses.  The area all around is woods.  Hmm, I'm stuck.

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Bone Daddy

If you can paddle your canoe or kayak up it, and there are no fences, wires, or posted signs, then it would be fair game in my book. Just be prepared to explain yourself if confronted.

 

I seriously doubt the owner could have you cited or arrested if there are no posted signs or fences. However, that doesn't mean they won't unload a barrel full of rock-salt in your direction if the owner is ornery. Or, if the cops are called out, you will probably be fussed and then told to leave if you are polite and explain you had no idea it was private property and you don't have any outstanding warrants, etc.

 

Again, I do things a lot of sane people wouldn't do - I get a lot braver/dumber as I get older (the opposite of most folk!).  So, take my advice with a block of salt. LOL.

 



 

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Pbassham
On 4/4/2019 at 10:13 PM, Tidgy's Dad said:

I have actually portrayed Atticus Finch, who was a lawyer from Alabama, on stage and therefore feel I am more than qualified to comment. 

I’m from Rogersville which is not far from Harper Lee’s hometown. Killen celebrates her and of course, we all read To Kill A Mockingbird in school here. I find it is still as relevant today as it ever was. Not just in Alabama but everywhere.

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Tidgy's Dad
1 minute ago, Pbassham said:

I’m from Rogersville which is not far from Harper Lee’s hometown. Killen celebrates her and of course, we all read To Kill A Mockingbird in school here. I find it is still as relevant today as it ever was. Not just in Alabama but everywhere.

Quite right. :)

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Righteous

All land in Alabama is automatically posted No Trespassing sign or no sign. You could go up or down the creek if access was from a public area but if you stepped onto the shore you are breaking the law. 

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Bob Saunders

I am not an Attorney or give legal advice. I believe the laws can very by states. Here in Michigan a court in my county ruled. An inland pond was being fished by coming thru a narrow creek from a Federal water way. Lady didn't like it at all. The Judge ruled that yes they can if the can get in with out touching the bottom, I/e paddle a canoe or Jon boat. Not push a paddle or pole on the bottom. Many home owners do not like Trout fishermen to walk or wade a Trout stream thru  their property.  However the law does say if their is a deep hole they may get out and legally walk safely around it and get back in the stream.  

 A Federal waterway is a river or stream that empties into a great lakes. As for a creek thru farm land, alter it in any way it seems like the Feds wants to make your life miserable. Like the man that put ground up car tires along an embankment. or build a dam with out permission. 

 

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Mark Kmiecik

Everyone in this thread has ignored the most obvious solution to this dilemma. Just go to the house nearest to or on the creek and ask the person who lives there.

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aplomado
On 1/10/2020 at 5:04 PM, Mark Kmiecik said:

Everyone in this thread has ignored the most obvious solution to this dilemma. Just go to the house nearest to or on the creek and ask the person who lives there.

 

The place I'm thinking about is in the middle of nowhere!

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