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Re: The Fight for Truth, Justice & the American Way
- To: meteorite-list@meteoritecentral.com
- Subject: Re: The Fight for Truth, Justice & the American Way
- From: Ron Baalke <BAALKE@kelvin.jpl.nasa.gov>
- Date: Mon, 1 Jun 1998 18:43:50 GMT
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- Resent-Date: Mon, 1 Jun 1998 14:46:15 -0400 (EDT)
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>The parents of these 7 boys hired me to assist them with the selling of their
>meteorite. There is just one little problem, the City of Monahans will not
>return it to them.
>And from news I found out today, even IF the
>meteorite was found on city property, in Texas, that does NOT mean it is owned
>by the city!
Hi Steve,
The Old Woman meteorite court case has already set the legal
precedent on meteorite ownership, and according the rulings in that
case, the City of Monahans does indeed own the Monahans meteorite if it
fell on city property.
>This morning, I checked at the Monahans City Hall and found that in fact, they
>have NO statutes stating that it is illegal to keep meteorites found on city
>property! Imagine that?
Nor is one required. The federal laws already covered meteorite ownership
per the Old Woman meteorite case.
>I also found out that they do not have any statutes
>staing that it is illegal to "treasure hunt" or use metal dectectors on city
>property! This we feel is very important, because that states (by omission)
>that it is perfectly fine for someone to find coins, or jewelry or other
>valuables on city property, and the city does not attempt to make an ownership
>claim on them.
Doesn't matter, federal laws have precedent over state and city laws.
>But the real silver bullet in our gun, is that there was a case tried in Texas
>about 15 years ago where some kids found a suitcase with $500,000 in cash on
>the side of a county road. The county said that they owed it, since it was
>found on county property, and the kids said "finders keepers!" Well, when the
>dust settled, the Judge found in favor of the kids, and they got the cash
>(minus their legal fees, of course)!
Again irrelevant. The Old Woman case specifically dealt with
meteorite ownership at a federal level.
>So we believe that this is enough to give my clients their rock. The city has
>decided to have a survey done to be sure exacty where the rock was found. It
>was found right at the border of the city street and a private property line.
>One of the seven boy's father owns the private land that the rock may have
>been found on. If the rock is proven to have been found on city property, it
>looks like we will have to file a law suit against the city and have a judge
>decide who the legal owners are.
Now this is the proper step that should be taken and you best course
of action. The exact location
of where the meteorite landed has to be established. If it landed
on city property, then the city owns it. If it landed on private property
then owner of that land owns it. I understand the meteorite landed
within 50 feet of five homes, so other property owners may be involved.
Interestingly enough, the 7 boys do not have legal claim on the meteorite,
only the property owners do.
If the meteorite landed on city property, and you want to continue
to take it to court, then I think you have a long and costly uphill battle,
as the Old Woman case has already set the legal precedant. You have not
presented any evidence to overturn the Old Woman case.
>We were hoping that the city would have been willing to "do the right thing"
>and give the rock to the boys without the legal fight, but in the end, taking
>it to court may generate enough publicity to increase the collectibility value
>of the rock, and it will be worth it!
Ah, I'm beginning to see what may be the real motive may be in all this.
Ron Baalke