leasing land for detecting & Ga. DNR rules

[fongu]

I have found a site that was constructed in the early 1900's and is now in a state of decay and a church camp in about the same condition. The 1st site is about 100 acres and the second site is about 50 acres, but the area searched would be a lot smaller than that. Both of these sites have turned down requests to metal detect there because they are afraid of liability issues and destruction of the area by an army of people using metal detectors.

The 1st site has a hunting and fishing lease and the 2nd one does not. I am considering offering them $150.00 to $200.00 for a lease to metal detect these locations in exchange for exclusive rights to metal detect these properties for a year. I know the 1st site will be worth it and possibly the 2nd as well. I have never heard anyone on any of these forums mention this before and would welcome any input.

Since the Ga DNR says you have to have written permission from a private landowner is you find certain relics, etc, I would like to lease these areas and get written permission and agree to be responsible for my own safety, etc. Any feedback, positive or negative would be appreciated. Thanks.

 

[Idaho PRB]

I could see incurring additional expenses in attorney fees for some kind of contract and possibly a liability insurance policy. Have you personally tried to obtain permission or is this information just word of mouth? Good luck!

 

[jbow]

Georgia law says that if you have written permission and the owner is not charging a fee, the owner is free of liability. However, if a fee is involved the owner is liable for any injury you might incur to yourself. I don't imagine they were thinking of state owned lands when they wrote this law but it is reasonable if you think about it re: private land. Someone could charge set up a place for people to detect and charge a fee. They should then provide a safe environment. If no fee is involved, only permission for you to detect then you should not expect the landowner to go and make any improvenments to the site for your safety. The owner should tell you if they know of any open wells or obvious dangers but... no fee, no liability... so you may not have the law on your side in this. You may still be able to get permission with a signed waver but the law may still trump the waver if a fee is charged.


Julien

 

[fongu]

Thanks for the information.