[meteorite-list] Lorton Meteorite

From: Shawn Alan <photophlow_at_meteoritecentral.com>
Date: Fri, 5 Feb 2010 23:09:12 -0800 (PST)
Message-ID: <261990.44683.qm_at_web113618.mail.gq1.yahoo.com>

Jeff, Carl ?and Listers.
?
?
Jeff I am excited to see what happens with the case with the Lorton meteorite and glad you gave some good points.?Why I think people?are harping about the Smithsonian is that its been stated in the News that they are going to hold the meteorite till an owner is defined. If there is no owner defined I would think they would keep the meteorite? I think this case will set a new course?on?meteorite ownership.?
?
---- Jeff Grossman <jgrossman at usgs.gov> wrote:?
?
"I'm puzzled by why so many of you seem to think the Smithsonian is
playing such an active role in this. First of all, the meteorite was
brought to them for identification; the SI did not make some kind of
power play to get it. And there is no indication that they are making a
power play to keep it. From talking to their people right after the
fall and when I visited this week, it's clear that they would be pleased
if the meteorite ended up in the National Meteorite Collection. But I
have not seen or read any evidence that they are in any way fighting to
prevent others from getting it back, legally or politically. People
should just relax and wait to see how this plays out before jumping to
conclusions."
Jeff

?
?
Lets move on to Carl
?
Carl yes this was a meteorite fall and was a find/found. All meteorites are falls at one point of time?or another and most?are?found. In the case with the Lorton meteorite?the Doctors found the meteorite on the floor in the office which you stated that "These laws only mention finds and our hobby thinks there is a difference." What this law states is that a find is when a meteorite is found which the Doctors did, they found the meteorite that fell/(meteorite fall)?to Earth. The fall is the cause of how the meteorite got to the ending location and has no validity in the law on ownership. Yes the meteorite feel/witnessed fall to the?Earth and landed on the?floor in the Doctors office and the Doctors found the meteorite which is a find :)? I think why there hasn't?been laws made on a fall/meteorite fall?is?because how can you?own a meteorite when it is?falling and hasn't fell to?the Earth and landed on the surface? I think it would be hard to
 make a?law for?a meteorite falls and ownership when it is still falling. But in my own opinion I think that the finder and the owner of the property/land by law should split the meteorite 50/50. Here is some food for thought :)
?
?
Shawn Alan??
?
cdtucson at cox.net cdtucson at cox.net
Sat Feb 6 00:57:53 EST 2010
?
?"Jeff,
As always you say the right thing but I would like to see this litigated in this case due to the fact that these Doctors were in legal possession of the real estate and this is a Fall and not a find. These laws only mention finds and our hobby thinks there is a difference. As I asked before. This landed inside not on the dirt so it is not part of the soil which is very specifically stated in the law. It says the meteorite becomes part of the soil it was found in. Well this did not end up in soil. It ended up sitting on legally rented property. What if it hit a car and landed in the trunk of the car? Falls need laws if for no other reason than to help buyers such as the Smithsonian make an informed buying decision.

Here is an interesting article."

http://brightcoast.wordpress.com/2010/02/05/meteorite-law-are-tenants-lost-in-space/

And yet another link here shows the actual law as written in an abstract;

http://articles.adsabs.harvard.edu/cgi-bin/nph-iarticle_query?bibcode=2002M%26PSB..37....5S&db_key=AST&page_ind=3&data_type=GIF&type=SCREEN_VIEW&classic=YES

-- 
Carl or Debbie Esparza 
Meteoritemax 
---- Jeff Grossman <jgrossman at usgs.gov> wrote: 
> I'm puzzled by why so many of you seem to think the Smithsonian is 
> playing such an active role in this. First of all, the meteorite was 
> brought to them for identification; the SI did not make some kind of 
> power play to get it. And there is no indication that they are making a 
> power play to keep it. From talking to their people right after the 
> fall and when I visited this week, it's clear that they would be pleased 
> if the meteorite ended up in the National Meteorite Collection. But I 
> have not seen or read any evidence that they are in any way fighting to 
> prevent others from getting it back, legally or politically. People 
> should just relax and wait to see how this plays out before jumping to 
> conclusions. 
> 
> Jeff 
> 
> On 2010-02-05 9:39 PM, Phil Whitmer wrote: 
> > Hiya Carl, gun lovers and haters: 
> > 
> > I was merely stating the law as it now stands. If a meteorite falls on 
> > your property, you own it. An open and shut case. If the Smithsonian 
> > wants to appeal to the Supreme Court, the Court could possibly rule 
> > that current meteorite laws are unconstitutional. It's extremely 
> > unlikely they would hear the case. It's highly unlikely even a Circuit 
> > judge would strike down current meteorite laws as unconstitutional. Or 
> > any judge for that matter. The Smithsonian has the lawyers and the 
> > funding of the federal gov't backing them, they could try to argue the 
> > laws are unconstitutional, highly unlikely as there is practically no 
> > chance they would win. 
> > 
> > What they could do is go straight to the President and get either a 
> > presidential decree or have the Justice Dep't write some memos like 
> > they did legalizing torture. Again not a chance. 
> > 
> > More likely they could get a Congressman to introduce a bill changing 
> > the meteorite laws, but it would never make it out of the first round 
> > of sub-committes. 
> > 
> > Possession might be nine tenths of the law, but I'll be dollars to 
> > donuts the Smithsonian gives it back. 
> > 
> > 
> > Phil Whitmer 
> > ______________________________________________ 
> > Visit the Archives at 
> > http://www.meteoritecentral.com/mailing-list-archives.html 
> > Meteorite-list mailing list 
> > Meteorite-list at meteoritecentral.com 
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> > 
> 
> 
> -- 
> Dr. Jeffrey N. Grossman phone: (703) 648-6184 
> US Geological Survey fax: (703) 648-6383 
> 954 National Center 
> Reston, VA 20192, USA 
> 
> 
> ______________________________________________ 
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