Litter or Stealing?

Right wrong or indifferent I appreciate what you did. You left it better than the way you found it. It’s not their land and just imagine if everybody left something back there to use on a future trip....
 
While property laws vary from state to state, the general rule of thumb is that if a person in a location where they have permission to be takes personal property that has been lost, mislaid or abandoned by another person, the “finder” owns the property over all others except the original owner. (Some states also give a priority claim to the land owner where found, and if a person is on the job, it is their employer that has the right.) The finder has no duty to discover the owner, but if they know or find out they must allow the original owner to recover it. Hence the criminal statute cited above knowledge of the original owner as a required element.

Also, when applying this general rule, “abandoned” does not mean merely left behind with an intent to return for it - it means purposely relinquishing any claim of ownership. If someone had left with the intent to return (and remembered where it was) then the person who takes it commits a theft. But if the owner is unknown then their intent is an open fact to be determined in light of the circumstances - a fact that would be decided by a jury if it came to that.

So, if the circumstances reasonably suggest abandonment, lost or mislaid then you can take it, but if you are wrong about those facts then you may have committed theft. And, even if lost or mislaid, if you find out the original owner you have to give it back. This leaves many to choose a practical, zero risk, solution - give to a LEO and move along - no need to worry about original party’s intent or follow up.
One of the better answers in this thread. A very insightful explanation of the legalities involved. There's a great coffee cup out these days that's inscribed with "Your google search doesn't trump my law degree."
Two fellows who were consigned to Hell woke up one day to find icecicles hanging from the ceiling and everything frozen. One of them began happily dancing around with a big smile on his face while the other one, shivering to stay warm, asked his friend what he was so happy about. His friend replied that if Hell froze over, Minnesota must have won the Super Bowl.
 
Last edited:
One of the better answers in this thread. A very insightful explanation of the legalities involved. There's a great coffee cup out these days that's inscribed with "Your google search doesn't trump my law degree."
Two fellows who were consigned to Hell woke up one day to find icecicles hanging from the ceiling and everything frozen. One of them began happily dancing around with a big smile on his face while the other one, shivering to stay warm, asked his friend what he was so happy about. His friend replied that if Hell froze over, Minnesota must have won the Super Bowl.

Wrong. As an Ohio native I can assure you that you mean Cleveland!
 
I think you were ethical. If it was a stash then it should have been hidden better, and maybe put a note on it. I hate when people act like public property is there personal property. We are all co-owners. I hated picking up after my college roommate too...
 
My dad used to leave out camp stove in the mountains. A 16"x12"x24" welded steel stove for the wall tent, it lived behind a stump about 100 yards from our camp site in the middle of BFE. To his surprise he found it at the local transfer station one day, fresh out of the back of a FS truck. He hauled it back in. I could only imagine the look on the FS guys face when he found it 2 years later, in a different spot near the same camp. haha
 
GOHUNT Insider

Forum statistics

Threads
113,675
Messages
2,029,334
Members
36,279
Latest member
TURKEY NUT
Back
Top