[meteorite-list] Ownership of Meteorites - Part 1 of 2

From: Bernd Pauli HD <bernd.pauli_at_meteoritecentral.com>
Date: Thu Apr 22 09:54:03 2004
Message-ID: <3C66CB31.FF09046_at_lehrer1.rz.uni-karlsruhe.de>

>From the archives:

> As I'm rather new to the subject, can anyone comment on the rightful
> ownership of meteorites that are recovered from public lands (such as
> BLM land, the Mojave Desert, parks, etc?) Have there been any legal
> rulings on the issue?

> What if one has found 30 tons meteorite in the state land or federal
> land, will the goverment take over it? or the finder owns it for sure?

> Technically the ownership of a meteorite is granted t the owner of the
> land on which it falls or is found. Specimens aquired from public land
> are public property.


Hello All!

I thought I should share this with you:

SCHMITT D.G. et al. (2001) Law of ownership and
control of meteorites (MAPS 36-9, 2001, A183):

Introduction:

Increased public awareness and commerce in meteorites raises questions
about their ownership and control. This paper reviews the law in several
countries, international law, and considers laws to bring finds to the
research community quickly and not divert them to a black market. A
survey was made of scientists involved in meteorite acquisition in over
20 countries, to determine how well various systems work.
Ownership is determined by the law of the place of the find. Legal
regimes range from a free market, to deemed state ownership with no
compensation to finders. A free market gives an incentive to searchers
but allows ownership by private collectors who do not curate specimens
scientifically. Confiscatory laws tempt searchers to conceal or sell
finds illegally, or misrepresent strewn field data. Scientists expressed
diverging views on an ideal system.

Historical Background:

Meteorite ownership law is nonuniform. English common law, from which
the law in former British colonies including the United States evolved,
provides that meteorites are the landowner’s property; buried meteorites
might be part of the mineral rights. Find reporting is not mandatory.
Most Western European countries, and former colonies, have civil codes
providing that meteorites are owned by the landowner. Traditional legal
systems with unique rules exist, such as the Islamic Sharia. In many
countries legislation aimed at preserving archeological treasures
modifies earlier meteorite law. Federal nations may have different laws
in each state. Lawyers qualified in the find jurisdiction should be
consulted for ownership opinions.

Selected Examples:

Argentina:

The Chaco Province constitution declares meteorites
provincial property, imposing a duty to protect them.

Australia:

Some state legislation vests ownership in state museums,
prohibits find movement except delivery to museums, and
allows refunds of finder’s expenses.

Canada:

Meteorites are the property of the landowner and can be sold.
Under the Cultural Property Export and Import Act a Canadian
find cannot be exported without a permit from a federal Board
which may impose a sixmonth delay of permanent export during
which a Canadian institution may purchase it for a “fair” price,
failing which export is allowed. Temporary export permits are
granted forthwith.
Received on Sun 10 Feb 2002 02:34:09 PM PST