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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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