Digging Wild Ginseng on Private Land

Digging Wild Ginseng on Private Land

Created by running bear on Jun 15, 2011

171 votes

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theives

it's legal

have to post their property

lax laws in kentucky

respected tradition

i'll shoot' em

no crime digging out of season

not much the landowner can do legally

i dig the two prongs

900 a pound this fall

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Seng fo Me

Lexington, KY

#1 Jun 15, 2011
I'll shoot the thieving trespassers, especially those who will dig the immature roots because if it's 900 a pound this fall, I will sell it myself. If you dig it without my permission to do so, you are nothing more than a common thief.
homer

Pittsburgh, PA

#2 Jun 15, 2011
I'm a retired school teacher and just recently moved to Casey County from California, so I'm not familiar with Kentucky law. I did a quick google search and found this:

A person who enters or remains upon unimproved and apparently unused land which is neither fenced nor otherwise enclosed does not commit criminal trespass unless notice against trespass is personally communicated to him by the owner of the land or some other authorized person or unless notice is given by posting in a conspicuous manner.

http://www.lrc.ky.gov/KRS/511-00/090.PDF
Seng fo Me

Lexington, KY

#3 Jun 15, 2011
Those Who CAN...DO, Those who Can't... Teach.

Wanna take your chances on digging MY Ginseng?
well

Lexington, KY

#4 Jun 15, 2011
homer wrote:
I'm a retired school teacher and just recently moved to Casey County from California, so I'm not familiar with Kentucky law. I did a quick google search and found this:
A person who enters or remains upon unimproved and apparently unused land which is neither fenced nor otherwise enclosed does not commit criminal trespass unless notice against trespass is personally communicated to him by the owner of the land or some other authorized person or unless notice is given by posting in a conspicuous manner.
http://www.lrc.ky.gov/KRS/511-00/090.PDF
You need to read that again " open to the public" private land in not open to the to the public.
Seng fo Me

Lexington, KY

#5 Jun 15, 2011
Do you folks REALLY think it is a "free-for-all" out there in the woods?
Try buying your own land at $2k per acre, then spending $2k on signage and "posting" just to keep out the thieving a-holes who draw from the system and steal YOUR Ginseng all day while you are at work, then have some internet idiot quote some obscure technical legal verbage to protect themselves.... I really think if you put yourself in that position, your opinion will be different!

Yep, a .243 and a little time in the deer stand might be what is needed!
well

Lexington, KY

#6 Jun 15, 2011
you let me catch somebody on my land digging around for ginseng being arrested is not what he or she will need to worryed about LOL
Judge Dredd

Wichita, KS

#7 Jun 15, 2011
well wrote:
you let me catch somebody on my land digging around for ginseng being arrested is not what he or she will need to worryed about LOL
Yep, this is what we need, more educated Yankees!!!
well

Lexington, KY

#8 Jun 15, 2011
Judge Dredd wrote:
<quoted text>Yep, this is what we need, more educated Yankees!!!
I'm not a Yankee
homer

Pittsburgh, PA

#9 Jun 15, 2011
I think the trespassing law is pretty clear and easy to understand. Most of Kentucky law is written in eight grade level English. I try to obey all laws to the best of my ability and understanding. I dig ginseng for a hobby, I don't need the money. Here is another law from Kentucky Revised Statutes that is pretty clear and easy to understand:

(1) A person is guilty of murder when:
(a) With intent to cause the death of another person, he causes the death of such person

(2) Murder is a capital offense.

http://www.lrc.ky.gov/KRS/507-00/020.PDF
Judge Dredd

Wichita, KS

#10 Jun 15, 2011
homer wrote:
I think the trespassing law is pretty clear and easy to understand. Most of Kentucky law is written in eight grade level English. I try to obey all laws to the best of my ability and understanding. I dig ginseng for a hobby, I don't need the money. Here is another law from Kentucky Revised Statutes that is pretty clear and easy to understand:
(1) A person is guilty of murder when:
(a) With intent to cause the death of another person, he causes the death of such person
(2) Murder is a capital offense.
http://www.lrc.ky.gov/KRS/507-00/020.PDF
Murder is hard to prove without a witness or a body!
Judge Dredd

Wichita, KS

#11 Jun 15, 2011
well wrote:
<quoted text>I'm not a Yankee
Didn't call you a Yankee, just agreeing with you.
homer

Pittsburgh, PA

#12 Jun 15, 2011
Judge Dredd wrote:
<quoted text>Murder is hard to prove without a witness or a body!
GPS.

I try to stay within the law. Are you in the cornbread mafia?
Judge Dredd

Wichita, KS

#13 Jun 15, 2011
homer wrote:
<quoted text>
GPS.
I try to stay within the law. Are you in the cornbread mafia?
No, just someone who knows what boundaries are. When in doubt ask.
Judge Dredd

Wichita, KS

#14 Jun 15, 2011
homer wrote:
<quoted text>
GPS.
I try to stay within the law. Are you in the cornbread mafia?
GPS will not do you any good if you end-up in someones happy weed patch!!! You may be hog food.
Pig

Nicholasville, KY

#15 Jun 16, 2011
homer wrote:
I think the trespassing law is pretty clear and easy to understand. Most of Kentucky law is written in eight grade level English. I try to obey all laws to the best of my ability and understanding. I dig ginseng for a hobby, I don't need the money. Here is another law from Kentucky Revised Statutes that is pretty clear and easy to understand:
(1) A person is guilty of murder when:
(a) With intent to cause the death of another person, he causes the death of such person
(2) Murder is a capital offense.
http://www.lrc.ky.gov/KRS/507-00/020.PDF
IF they find a body. the cops in Casey can't solve a simple Pharmacy or cigarette store robbery.
Seng fo Me

Lexington, KY

#16 Jun 16, 2011
First of all Mr. Homer, I would suggest you read the law regarding the ginseng harvest season, if you have not already done so. It is written at about a sixth grade level. So it should be even easier for you to understand. However, if I must simplify it for you: Ginseng digging season begins August 15 and ends December 1.

Here is a helpful link for you-http://www.kyagr.com/marke ting/plantmktg/ginseng/Diggers .htm

But to MY issue in what you have expressed in your previous posts- Where does the trespassing law mentioned above give anyone the right to remove anything,that they wish to remove, from another person's land? Are you saying theft is legal?

All legalities aside, Is there no common courtesy?
Example-If you have a garden, is it "OK" that I just stop and help myself to the nicest, ripest vegetables without so much as at least informing you that I am on your land taking them?
Would you not prefer that I asked your permission to pick them?
Would that be legal? Even if it were within the letter of the law- Would it be RIGHT to harvest the fruits of someone else's labor and patience?
mbb

Lexington, KY

#17 Jun 16, 2011
Seng fo Me wrote:
Those Who CAN...DO, Those who Can't... Teach.
Wanna take your chances on digging MY Ginseng?
those who can, couldn't do it if those who can teach, hadn't shown them how.

i catch you on MY property without permission, YOU will be turned into the cops for trespassing. MY Place is posted.
homer

Pittsburgh, PA

#18 Jun 16, 2011
Seng fo Me wrote:
First of all Mr. Homer, I would suggest you read the law regarding the ginseng harvest season, if you have not already done so. It is written at about a sixth grade level. So it should be even easier for you to understand. However, if I must simplify it for you: Ginseng digging season begins August 15 and ends December 1.
Here is a helpful link for you-http://www.kyagr.com/marke ting/plantmktg/ginseng/Diggers .htm
But to MY issue in what you have expressed in your previous posts- Where does the trespassing law mentioned above give anyone the right to remove anything,that they wish to remove, from another person's land? Are you saying theft is legal?
All legalities aside, Is there no common courtesy?
Example-If you have a garden, is it "OK" that I just stop and help myself to the nicest, ripest vegetables without so much as at least informing you that I am on your land taking them?
Would you not prefer that I asked your permission to pick them?
Would that be legal? Even if it were within the letter of the law- Would it be RIGHT to harvest the fruits of someone else's labor and patience?
According to my understanding of Kentucky law, you have to fence or post your property if you don't want anybody on your property. If your property isn't fenced or posted and looks "unused", no law has been broken.

Kentucky has a ginseng harvest season, but if there is a penalty for breaking that law, I can't find it:

Harvest Season. Beginning September 1, 1988 and each year thereafter, wild ginseng shall only be dug between August 15 and December 1 of each year. Seeds adhering to a plant taken during the season shall be planted within fifty (50) feet of the location of the plant with no tool used other than the finger. Ginseng growers will not longer be able to harvest the ginseng until it is five (5) years old or has three (3) prongs.

http://www.lrc.ky.gov/KRS/246-00/990.PDF

Also some new laws that went into effect June 8 this year. They're a little harder to understand, but mostly makes it a Class A misdemeanor to buy ginseng dug out of season. Don't say anything about a penalty for digging out of season.

http://www.lrc.ky.gov/kar/302/045/010.htm
hillbilly

Dallas, TX

#19 Jun 16, 2011
homer wrote:
<quoted text>According to my understanding of Kentucky law, you have to fence or post your property if you don't want anybody on your property. If your property isn't fenced or posted and looks "unused", no law has been broken.

Kentucky has a ginseng harvest season, but if there is a penalty for breaking that law, I can't find it:

Harvest Season. Beginning September 1, 1988 and each year thereafter, wild ginseng shall only be dug between August 15 and December 1 of each year. Seeds adhering to a plant taken during the season shall be planted within fifty (50) feet of the location of the plant with no tool used other than the finger. Ginseng growers will not longer be able to harvest the ginseng until it is five (5) years old or has three (3) prongs.

http://www.lrc.ky.gov/KRS/246-00/990.PDF

Also some new laws that went into effect June 8 this year. They're a little harder to understand, but mostly makes it a Class A misdemeanor to buy ginseng dug out of season. Don't say anything about a penalty for digging out of season.

http://www.lrc.ky.gov/kar/302/045/010.htm
Try it a see.
Seng fo Me

Lexington, KY

#20 Jun 16, 2011
homer wrote:
<quoted text>
According to my understanding of Kentucky law, you have to fence or post your property if you don't want anybody on your property. If your property isn't fenced or posted and looks "unused", no law has been broken.
Kentucky has a ginseng harvest season, but if there is a penalty for breaking that law, I can't find it:
Harvest Season. Beginning September 1, 1988 and each year thereafter, wild ginseng shall only be dug between August 15 and December 1 of each year. Seeds adhering to a plant taken during the season shall be planted within fifty (50) feet of the location of the plant with no tool used other than the finger. Ginseng growers will not longer be able to harvest the ginseng until it is five (5) years old or has three (3) prongs.
http://www.lrc.ky.gov/KRS/246-00/990.PDF
Also some new laws that went into effect June 8 this year. They're a little harder to understand, but mostly makes it a Class A misdemeanor to buy ginseng dug out of season. Don't say anything about a penalty for digging out of season.
http://www.lrc.ky.gov/kar/302/045/010.htm
Mr. Homer, you seem to be able to read and quote the law quite handily, and for that I give you accolades. However, can you please answer my other questions?
Seriously, do you Honestly think that because land is Not Posted(or "looks" unused),that you are welcomed to take whatever is there? You sure seem to be able to justify your lack of boundaries (and moral fiber) by whatever you can find in a law. I bet you fart out loud in restaurants too, don't you? ;)
Furthermore, Most slopes that have ginseng growing on them in this area ARE being used in a timber rotation and may not be visited more than a couple times a year, if that. Who are you to judge what is being used and what is not? Wouldn't the landowner have a much better perception of that fact?

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