Hi Guido and List,
I had a question/thought about this topic as well. Since farmers operate on
BLM land through a lease agreement with the state, wouldn't their lease
dictate that any meteorites found on top "of the earth" of the leased
property belong to the farmers, as the Lorton case may suggest? If this is
accurate and/or law, I would think that any meteorites found "under the
earth" of a farmer's leased BLM land would be open game to the finders,
unless said BLM was off limits to meteorite collecting. Does this sound
accurate as far as the current BLM lands where it is still 'legal' to hunt
on BLM land? If BLM land becomes 'illegal' to hunt for meteorites, wouldn't
it still be legal to hunt on BLM land if hunters get written permission
(basically a permit) from the farmers who lease the land from the BLM?
Hunters could then hunt on the leased portion and any meteorites found "on
top of the earth" would be 'legal' to keep! I guess this reasoning boils
down to the wording the BLM/farmer lease agreement has regarding any
minerals, objects, meteorites, artifacts, etc. making any such materials
stay the property of the state, or if not mentioned, than the assumption
would be that the farmer has the right to 'farm' these materials.
Just some thoughts to ponder...
Best regards,
Greg
====================
Greg Hupe
The Hupe Collection
NaturesVault (eBay)
gmh...@htn.net
www.LunarRock.com
IMCA 3163
====================
Click here for my current eBay auctions:
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----- Original Message -----
From: <countde...@earthlink.net>
To: "Steve Dunklee" <steve.dunk...@yahoo.com>; <almi...@localnet.com>;
<meteorite-list@meteoritecentral.com>
Sent: Friday, September 24, 2010 3:02 PM
Subject: Re: [meteorite-list] Who owns the meteorite?
Steve said "...it must belong to the school."
I respectfully disagree with this statement and with the statement " ...it
belongs to the Smithsonian."
Public schools do not in themselves "own" property. The lands and
improvements are typically the assets of local, or state government (i.e..
the citizens of that county, or state.) Their maintenance and operation
are usually governed by an elected Board of Trustees. They, if made aware,
would most probably decide the disposition of a find.
Federal lands, including National Parks, Wilderness Areas, Mining Claims,
Restricted Areas and lands managed by the Bureau of Land Management are
subject to a hodge podge of regulations that directly, or indirectly
affect the taking of meteorites. There is no "all encompassing directive
that says all meteorites on all Federally held land "belongs" to the
Smithsonian.
Consider a " mining claim" or a "homestead" being proved up. There are
many other examples...including the "issuance of a permit to hunt
meteorites specifically on Federal, or State lands." Something I have
personal experience with having recently joined with the permit holder to
search ;ands off limits to those without a permit.
Finally, in many states, Nevada being one, I have seen metorites
considered minerals and as those mineral rights are with held from fee
simple ownership of land. Therefore, the land owner has no right to the
minerals on his own land. He must is sublect to complicated state mining
and oil exploration law.
This whole business is messy and arbitrary and can lead to no good. I
would like the meteorite community to develop a lobbying arm to educate
state and federal lawmakers and monitor and promote legislation that
protects us before, not after, our activities are banned.
Please spare us the arguments that it is expensive, etc. etc.
Regards,
Count Deiro
IMCA 3536
-----Original Message-----
From: Steve Dunklee <steve.dunk...@yahoo.com>
Sent: Sep 24, 2010 11:05 AM
To: almi...@localnet.com, meteorite-list@meteoritecentral.com
Subject: Re: [meteorite-list] Who owns the meteorite?
Ownership of meteorites is pretty clear in United States law. The owner of
a meteorite is the land owner. If one falls on my land it is mine. If one
falls on your land it is yours. If one falls on federal land it belongs to
the Smithsonian. So if one lands in a school yard it must belong to the
school. Other countrys may have different law. Cheers Steve Dunklee
On Thu Sep 23rd, 2010 12:48 AM EDT almi...@localnet.com wrote:
Hi Ron and all,
If this is going to be the case, if you get a permit to hunt federal
lands then you are being granted a lease to hunt and all material should
belong to the finder then. Perhaps this is an interpatation of the law we
can live with.
--AL Mitterling
Quoting R N Hartman <rhartma...@earthlink.net>:
So regarding the article, in essence this interpretation is saying that
if you have a lease on land at which time a meteorite lands on it, you
have legal rights to it. But you must have the lease, not be wandering
down a public road or across a school yard, or even being on a dry lake
or the open desert. Yes??
Ron Hartman
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