[TheForge] Dumpster Diving

[terry l. ridder]

On Sun, 20 May 2007 dann at wctatel.net wrote:

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<snip post about dumpster diving>

a quick check with my lawyers indicate that at many counties in illinois
specifically state that anything in a dumpster becomes property of the
waste hauler. the problems with dumpster diving become more complicated
if the dumpster diver is committing trespass to even get to the
dumpster. the example they gave as construction sites and demolition
sites.

their explanation concerning the legal reason against dumpster diving is
below.

<begin lawyer quote>
This is limited to the three most common
categories of property, lost, mislaid/misplaced,
and abandoned.

Anything in a dumpster cannot be considered
lost since it is assumed that the title owner
or by a person acting on behalf of title
owner the property placed it in the dumpster.

Anything in a dumpster cannot be considered
mislaid/misplaced for the same reason given
for the lost category.

Anything in a dumpster cannot be considered
abandoned since the title owner or a person
acting on behalf of the title owner of the
property placed it in the dumpster for the
specific purpose of being hauled way and
processed by the waste hauler.
<end   lawyer quote>

to avoid the possible hassles they strongly suggest using freecycle
or similar community organization.

unlike marine law where there are distinctions between flotsam and
jetsam the equilvalent on land are not as clear cut. on land there
is lost, mislaid/misplace, and abandoned. there is also the old american
common law treasure trove however my lawyers indicate that that is being
discarded by many courts.

below are urls my lawyers have suggested for the non-lawyer person.

flotsam and jetson
http://en.wikipedia.org/wiki/Flotsam

lost, mislaid, abandoned property
http://en.wikipedia.org/wiki/Lost%2C_mislaid%2C_and_abandoned_property

treasure trove
http://www.archaeology.org/online/features/trove/

TANSTAFL. There aint no such thing as free lunch.
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-- 
terry l. ridder ><>