[pct-l] Flotsam and jetsam

[Timothy Nye]

How true.

It all comes down to intent.   First, the intent of the original owner.  Did
the owner intend to abandon the object:

Boots at bottom of an (to owner) inaccessible ravine:  Ownership yielded.

One boot lost on trail and its mate discarded further on:  Ownership
yielded.

Both likely entailed a calculation as to risk/reward, both economic and
physical effort/risk.  The value of the boot(s) on and off trail as to
whether the effort/risk required to recover them was worthwhile to the
owner.   A boot 3,000 feet further up San Jacinto peak, when you already
have optional footwear, has different value calculation than when it shows
up in Big Bear and is on another hikers foot 10 feet away.  By then it's too
late.  the act of casting aside the other boot after the faucet shows the
intent to abandon the pair.

If there was no real abandonment, but a cache, even an unsigned one, the
question becomes whether the owners intent could be determined/ was obvious
to others.  That is, not left by side of trail, but off trail and concealed,
or perhaps marked by a duck.  If not, the failure of the original owner to
make this clear, and creating the perception on the part of others that he
intended to abandon, and the other acts on that perception,  then the finder
has a valid claim.

When push comes to shove, the original owners explanation of intent should
carry the day, in my opinion.

The country as a whole seems to be increasingly ruled by an ends justifies
the means approach.  Forget moral compass or the rule of law.  If I can get
what I want then how I get there doesn't matter.  Thankfully, the trail, and
the altruism which it inspires, can provide both a refuge and a lesson for
all who tread it's path.   In the end, behavior governed by concern for the
welfare of others, rather than outside constraints or fear of reputation is
the true measure.
On Tue, Apr 13, 2010 at 10:17 AM, Gary Wright <gwtmp01 at mac.com> wrote:

>
> On Apr 13, 2010, at 12:51 PM, AsABat wrote:
>
> > On a Sierra hike years ago, the boots I was wearing (we all wore huge
> heavy
> > boots) became unbearable. I changed to my sneakers and tossed the boots
> in a
> > bush, intending to pick them up on the way out. A week later, heading out
> > early in the morning, I saw a group camped next to the bush. I went over
> in
>  > a friendly way and retrieve my boots. They hadn't noticed them, but I
> would
> > not have been happy if they had claimed them. They weren't abandoned,
> they
> > were cached. (Yes, I suppose technically leaving property in the
> wilderness
> > is wrong, but I wasn't about to carry an extra 10 pounds on my back.)
>
> And exactly how does one determine if a pair of boots in a bush in the
> wilderness are 'cached' or abandoned?
>
> Seems like you should leave an obvious note with any gear that you intend
> to return to pick up along with a date otherwise it might be impossible for
> someone to discern your intent.
>
> I don't think things are all that complicated. If you find lost or
> abandoned gear on the trail, make a reasonable attempt to get it back to its
> owner to the best of your ability. If the owner can't be located in a
> reasonable amount of time and a reasonable amount of effort, then it is your
> gear to do with what you want.  Relocating gear from the point at which it
> was found is reasonable in my mind: carrying it further up the trail, to a
> trailhead, to the authorities, or even to your home so that you can ship it
> after posting on Craig's List all seem like reasonable ways to get the gear
> closer to its previous owner.
>
> Bonus points for people who go the extra mile but I don't think there is an
> ethical obligation to spend inordinate amounts of effort, time or money to
> locate the previous owner.  I do think that *some* effort is required though
> and that some time needs to elapse before you can claim the gear as your
> own. Context is important also.  Gear left at a shelter or a trail junction
> is not necessarily abandoned.  Think about all the gear that is left at
> Crabtree Meadows while hikers climb Mt. Whitney.
>
> Radar
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