Losing Proposition

[Anonymous-0]

Found a dump on some property adjacent to the river. Wanted to retrieve and restore something I found there. Contacted the DNR, DMV, and Court House to find out the owner of the property and the stuff. Person responsible for the dump has no interest in admmiting the crime. Property owner is a coal company and they have no intention of admitting an open dump and refuse to release anything from the property on grounds of liability.

Hate getting shut down like this... And dang if I ain't been shut down.

Not Me

 

[Anonymous-0]

If coal company doesn't say that they have a dump and 'owner' won't admit to dumping- they restoration project might walk off some night and end up in your driveway. Nobody will tell the sherrifs deputy they dropped it there and they have no idea they had it so no claim- deputy runs numbers and not stolen. Something similar happened with old Indian Scout frame/frontend someone I know ended up with- it didn't get crunched, ended up being combined with a wreck to get a complete motorcycle back on road. RN

 

[Anonymous-0]

I totally agree. The problem is that I am going to have a metric sh!tload of money invested by the end and want no ownership dispute. The coal company hinted to this but I can not run the risk of getting on the wrong side of the law now that I have wifey, kids, 1 dog, 3 cats, 2 hamsters and 10 fish dangling from my paycheck. I will get back with the DNR and work it from that end. It may be a dead end but I hate to accept defeat.

oh well

Not Me

 

[Anonymous-0]

I think I would get "it" and let it age a few years then do the resoration. I don't think the coal company will go after it thereby admitting the dump is theirs. I think the statute of limitations is three years. If it is something big that will require big stuff to get it maybe pass.
Some times better to beg forgiveness than to ask permission. Since you had to ask, they had to say no.

 

[Anonymous-0]

Just say it was your junk and it fell off your trailer by accident a long time ago. Don't talk to the law, they don't need to hear it.

 

[souNdguy]

Here's what i would do.

try to contact the 'person responsible' again.. let them know that you are interested in that 'thing'.. that you would show up and move it with your own labor, they can watch without getting their hands dirty, and offer them a 20$ (dinner) or a 50$ ( dinner and a movie ) for allowing you to take it off their hands. That sort of thing has worked for me many times when i wanted a piece of junk setting in someone's pasture that they didn't want but weren't interested in hauling off either..

If that is not feasable, try again with the coal company.. Don't go too high up the food chain.. hit a supervisor onsite perhaps.. a grounds forman.. somebody with enough authority to say 'yes'.. but not so high of a pay grade that they lay awake and worry about personal liability and illegal dump issues.. etc. Try the same 'grease' as in the other situation. Unless the guys' well ta do.. who can't use an extra 50$ to take the wifey out.. or buy some school clothes for the kids.

If you can get square with that guy.. let him watch you load it.. and you both say thanks and never see each other again.

Take a friend with you..1, it's your labor helper, and 2, makes a good witness in the very unlikely event of '6mo down the line a 'theft' issue comes up.' For your end, your witness see's a legit businees deal.. some money changes hands.. scrap is hauled off.. and everything is on the up and up..

I think your main stumbling block is the presence of the dump seems to be taboo.. and everyone is trying to stay upwind of it... and got scared when you asked questions.

Remember the green grease and offer to bring your own labor and transportation that way it is fast & easy 1-2-3 for them. If you go the corporate route offer to sign a liability release IF they ask you to.. I doubt they will.. This will probably be a 'record-less' transaction....

Soundguy

 

[hmmmmmm]

You don't believe in trespass laws

 

[37 chief]

Some times you just need to move on down the road, and let it pass. At least you are trying to do ie legal. Here is what happened to me one time. There was a redwood water tank on a turkey ranch which had a lot of good clear redwood boards. By the time I got permission and went to take down the tank someone else had already got to it. By the way what is the machine you found? Maybe you can find one somewhere else. If you are like me you need to stop dragging stuff home. Stan

 

[Anonymous-0]

Personally I think I would walk away from that one. Sounds like a shop and house I found for sale. Price was great till I found out from the local people that there was four leaking tanks buried underground.

 

[randy47]

if it dont belong to you than taking it ,as some sugested is STEALING.. remember rule number 8

 

[Anonymous-0]

Why thank you for the morality lesson, but please read further and understand that I am trying to clean up an illegal open dump legally. I am in no way attempting to get anything for free. And I am certainly not about to do it illegally.

But thanks for stroking the First Amendment, it is your right.

Not Me

 

[NC Wayne]

Your right, it"s a losing proposition any way you look at it. I ran into a similar situation with a boat some years back that was sitting in an illegal dump on a pipeline right of way. Nice old tri-hull with no motor, needed some minor work and a motor (which I had) but when it was free it was worth spending a little time a d cash on. I called everyone there was to call trying to do it "the right way" but ran into the same things you have. There was no "right way" or legal way because "technically the boat (or trash) wasn"t there and didn"t belong to anyone" and the pipeline company didn"t want to have to clean it up. In this case there weren"t any kinds of No Trespassing signs, etc to make the actual act of entering the property illegal, and it wasn"t setting but maybe 150 feet off a paved road. I finally decided to just go ahead and get it one evening. When my friend and I got there with the trailer you could see fresh drag marks where it had been pulled out earlier in the day and hauled off by someone else. I"m still kicking myself in the a$$ for not getting that boat. In your situation though I"d have to agree with the guy that said to get in touch with someone "in authority" at the mine but not "in upper management". I deal with the guys in many of the mines/quarries around here and their usually just a bunch of good old boys like the rest of us. Their the ones that can and do actually make things happen in those places. Do some checking around and find out who to talk to and see what happens that way. Good luck.

 

[paul]

So you are willing to take all the garbage?

Hummm.

Don't think you are shooting real straight with us here......

You want one item for free, & you turned the place in to the DNR/EPA types, & you are sore because now they won't let you have it for free????? After causing them all types of grief?

Duh.

--->Paul

 

[Anonymous-0]

People who create illegal dumps create their own grief. The owners are lucky to be in a country where the nice people from the EPA will just fine them. So if he turns in a bunch of dirtbags that pollute the land for personal gain so be it.

 

[Steve Crum]

Keep pushing and I'm sure the coal company will send somebody in and clean that nasty mess right up. You won't need to get your hands dirty, the DNR will say thanks and everyone will be thrilled, except you.
Had a clown stop here one day and wanted to buy my old Chevy pick up. I told him I wasn't selling it until I had a chance to pull the 454, 4 speed and 207 transfer case out of it, you guessed it! Code enforcement was banging on my door that afternoon about a complaint about an unlicensed truck on my property. They gave me 24 hours to get rid of it. Took the evening off work, called chris to drop off a scrap dumpster, pulled the parts I wanted and cut the rest into short scrap.
Code enforcement stopped in the next day and I saw the clown that turned me in sitting along the road. The code guy looked in the dumpster shook my hand and stated that that truck along the road looked like it belonged to the guy that complained. I told the officer to have a nice day and gave the guy along the road the finger. The guy had the b88ls to pull in and want to buy the 454! Sure thing a88hole $2,500 cash and while your getting your wallet out I'm calling the Cops and having you arrested for trespassing. Haven't seen hide nor hair of him since.

 

[Tradititonal Farmer]

There was a US Supreme Court ruling a few years ago over searches that said once trash was discarded by an individual then it ceased to become that person's property and it could be searched without a warrant.So I'd say that would cover any discared item that it ceased to become that person's property once discared in an unoffical or offical trash pile and since the folks that own the property say it isn't on their property that it needs to be rescued from Ownership Purgutory.As a practical matter I'd pick up the item and send a bill for 'trash removal' to the property owner,the previous owner and the local gov't that has jurdisction over the area.At worse you'll get a long letter from each denying ownership which you can keep on file in case any claims come up later.Or some Pinhead might pay the bill.

 

[johnand cindy]

I agree with Soundguy, trash pickin is not against the law I would talk to the general foreman at the site with a good buddy if he says no leave your telephone number in case they re-consider then stop by in 2 weeks to see if anything changed. also dont forget your buddy and 50.00 trailer etc. Remember patience is a virtue also being a little persistent sometimes pays off. I would not just take it without their ok and a handshake. Regards, John