Abandoned property and right to salvage

[bcubed]

What is the name of your state (only U.S. law)? Pennsylvania

On a recent walk, I noticed a stretch of guard rail. A little snooping identified that the current (galvanized steel) guard rail was a replacement for an older guard rail made up of galvanized steel cable and wood posts.

Apparently, the old guard rail was just tossed 5' down the hill (public property) and left there. The fact that most of the wood posts were partially rotted suggests that the old guard rail had been lying there for (easily) a decade or more.

As abandoned property, is it legal for me to remove the old cable? (As a dutiful citizen, I take great pains to beautify my Commonwealth.) Or is this theft?

 

[racer72]

The only folks that could tell you that you can take it without repercussions are the possibly former owners of the property. Contact the transportation department for the entity maintains the roadway and see what their position is on the possibly abandoned property. Better to do this than face the prospects of being charged with theft.

 

[bcubed]

What would be the legal difference between salvaging the former guard rail and, say beverage cans and assorted car parts? They're both abandoned...presumably the difference being one can plausibly determine the prior owner of the guard rail?

I'm pretty sure PENNDOT would nix the salvage, for sake of liability alone...perhaps I could apply for "adopt-a-highway" status!

 

[justalayman]

They're both abandoned...presumably the difference being one can plausibly determine the prior owner of the guard rail?
s!

well, that one little bit itself can make a huge difference in how one must treat abandoned or lost property.

Maybe the road crew did not intend on leaving it there and it is only there due to them simply forgetting to pick it up. After all, the act of leaving it there on purpose would be littering, and most likely illegal. Maybe if you report the littering which can obviously be traced to the litterer, you won't have to adopt the road so it will get cleaned up.

 

[racer72]

What would be the legal difference between salvaging the former guard rail and, say beverage cans and assorted car parts? They're both abandoned...presumably the difference being one can plausibly determine the prior owner of the guard rail?

I'm pretty sure PENNDOT would nix the salvage, for sake of liability alone...perhaps I could apply for "adopt-a-highway" status!

How about your car parked in the street in front of your house? Should that be considered abandoned because it was left on the side of the road? How hard would it be to make a simple phone call of inquiry?

 

[FlyingRon]

On land there's no statutory right to salvage. Even if the item is abandoned or discarded, the state or (whoever owns the property) has more claim on it that pirates.