Taking rock from BLM... actually part of my Grandpa's building?

   / Taking rock from BLM... actually part of my Grandpa's building? #11  
If the property was sold or otherwise transferred from you family to BLM or someone else it is no long your property to take. If it was important back then your family probably should have taken it. Currently it is there for the “public” to enjoy. Obviously if it were to be removed that would no longer be the case.
Research the sale or transfer details- maybe their is some way around that....but I doubt it.
 
   / Taking rock from BLM... actually part of my Grandpa's building? #12  
GREAT story.

I've been on BLM land many times out west. If it were me, and removing the stones involved no structural collapse, I would take the stones for what they mean to you and your heritage, no questions asked.
 
   / Taking rock from BLM... actually part of my Grandpa's building? #13  
I'm glad that you were able to get those rocks back before it became BLM land.
 
   / Taking rock from BLM... actually part of my Grandpa's building? #14  
It is a violation of the Antiquities Act.
American Antiquities Act of 1906

16 USC 431-433
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That any person who shall appropriate, excavate, injure, or destroy any historic or prehistoric ruin or monument, or any object of antiquity, situated on lands owned or controlled by the Government of the United States, without the permission of the Secretary of the Department of the Government having jurisdiction over the lands on which said antiquities are situated, shall, upon conviction, be fined in a sum of not more than five hundred dollars or be imprisoned for a period of not more than ninety days, or shall suffer both fine and imprisonment, in the discretion of the court.

Sec. 2. That the President of the United States is hereby authorized, in his discretion, to declare by public proclamation historic landmarks, historic and prehistoric structures, and other objects of historic or scientific interest that are situated upon the lands owned or controlled by the Government of the United States to be national monuments, and may reserve as a part thereof parcels of land, the limits of which in all cases shall be confined to the smallest area compatible with proper care and management of the objects to be protected: Provided, That when such objects are situated upon a tract covered by a bona fied unperfected claim or held in private ownership, the tract, or so much thereof as may be necessary for the proper care and management of the object, may be relinquished to the Government, and the Secretary of the Interior is hereby authorized to accept the relinquishment of such tracts in behalf of the Government of the United States.

Sec. 3. That permits for the examination of ruins, the excavation of archaeological sites, and the gathering of objects of antiquity upon the lands under their respective jurisdictions may be granted by the Secretaries of the Interior, Agriculture, and War to institutions which the may deem properly qualified to conduct such examination, excavation, or gathering, subject to such rules and regulation as they may prescribe: Provided, That the examinations, excavations, and gatherings are undertaken for the benefit of reputable museums, universities, colleges, or other recognized scientific or educational institutions, with a view to increasing the knowledge of such objects, and that the gatherings shall be made for permanent preservation in public museums.

Sec. 4. That the Secretaries of the Departments aforesaid shall make and publish from time to time uniform rules and regulations for the purpose of carrying out the provisions of this Act.

Approved, June 8, 1906

If you really want them, go get them. But erase all evidence of what you want to do from the web. It is never a good idea to get opinions about commiting federal crimes from anonymous strangers on the web, and then supply all the photographic evidence any prosecuter would want.
 
   / Taking rock from BLM... actually part of my Grandpa's building?
  • Thread Starter
#16  
That's a great family story. I wonder what was the attraction out there at the time. It would be hard to finally abandon their effort after so much work.

The trading post was built along a 'travel route' not a road, between Gallup NM and the Utah Ute Mountain tribal lands. It was basically a predecessor to a modern "Interstate Truck stop." It was a 4 day trip by horse drawn wagon to resupply. There were no cars in the area in those days. But there weren't any roads for them either.

My Grandpa grew up and left the trading post. My GGpa apparently was a little bit of a hellion. (Which blows me away because my Grandpa was such a kind and quiet soul.) But apparently he made a few 'enemies' for some reason or another, but he was attacked by a group of Ute Indians, who beat him up and threw him down the well. He was found a couple days later by passerbys. They took him 60miles to the nearest doctor. He lasted about 2 months and passed away. With the state of communication out there... and I mean this is literal 'boondocks'... I think it was a month before my Grandpa even found out.

He (Grandpa) once spent 4 days just trying to figure out where my GGpa had gone... so he could visit. 4DAYS of horseback riding/camping just to say 'Hi'.

Man the stories he told me...

And honestly... I don't really know the chain of ownership or whether there was ever really ownership outside of possession. BLM didn't even come into being until 1946 and most of the 'West' was just wilderness. My 'hometown' of Durango, CO didn't even exist until 1888 or so, and then, it was just a mining camp. Ownership in those days was more of 'I'm here'. Mining Rights were far and away more important than just a place to lay your head at night.
 
   / Taking rock from BLM... actually part of my Grandpa's building? #18  
It is a violation of the Antiquities Act.
That any person who shall appropriate, excavate, injure, or destroy any historic or prehistoric ruin or monument, or any object of antiquity, .....

It certainly isn't prehistoric. It certainly isn't an antiquity. That leaves historic. I'd be very surprised if that old structure is on the list of historic places. (Hint, if it were there would almost certainly be a plaque and it would probably would have been restored by now. I've dealt with preservationists before, they are like a dog with a bone once something gets designated as historic.) In other words, I don't think the law cited applies in this instance. Even if it did, it is at most $500 and I suspect a judge would throw that out in a heartbeat given the family attachment. I'm with those who say just take the personalized building stones. Sheesh, miles from a road and practically nobody even knows about it.
 
   / Taking rock from BLM... actually part of my Grandpa's building? #20  

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