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RE: Legal Meteorite Cases
Hello List,
Pauli's suggestion to read Norton is a good one. The Old Woman meteorite fell on Bureau of Land Management land. Two miners actually filed a mining claim on it. The Smithsonian offered to "authenticate" it. Once shown the location, they claimed ownership under the federal Antiquities Act (designed to protect archaeology sites on federal land). The courts upheld the feds by saying the Mining Act didn't apply because meteorites are not a "locatable resource" (i.e., you can't use smarts, but only luck to find one - tell that to Bill Cassidy, Ralph Harvey and others who hunt meteorites in Antarctica!). I visited BLM and asked if and where I can hunt for rocks, minerals and meteorites. The BLM has a written sets of regulations and a brochure that says individuals can collect a small amount (few pounds), but cannot "mine" minerals on public lands without filing a mining claim. All collecting is prohibited in the Mojave Desert Preserve. When I mentioned meteorites, they stiffened up because of the fight over the Old Woman. In the end, the California Congressional Delegation forced the Smithsonian to return the main mass to Barstow, though it is still in federal custody at the Mojave Desert Interpretative Center. One third remained with the Smithsonian. The final answer is that the Smithsonian is claiming 100% federal ownership of all meteorites found on federal lands under the Antiquities Act - but does share these specimens with other researchers. If you find something, you need to reach formal written agreement with the Smithsonian over who gets what before you show them the site (and you cannot legally remove it unless they request you to mail it in to them). It's sad, but many finders of meteorites now lie about the precise location to avoid this problem with the Smithsonian....which means the exact location is lost to science.
regards,
Steve
********************************
Steven Excell
Paragon
1100 Olive Way, Suite 300
Seattle, WA 98101-1839
Phone: 206-621-1300
Fax: 206-621-1158
E-Mail: excell@concentric.net
********************************
-----Original Message-----
From: Bernd Pauli [SMTP:bernd.pauli@lehrer1.rz.uni-karlsruhe.de]
Sent: Friday, May 22, 1998 1:29 PM
To: MeteorHntr
Cc: meteorite-list@meteoritecentral.com
Subject: Re: Legal Meteorite Cases
MeteorHntr schrieb:
> Legal questions for the list:
> (I realize all the lawyers out there are probably on vacation right
> now.)
>
> What are the court cases that have been decided as to who owns
> meteorites?
>
> I think in the case of the Old Woman, that it was found on National
> Park land.
> Anyone with the specifics on this one?
>
> Also about the Williamette in Oregon, that was a private property
> issue,
> right?
>
> Also, have there been any cases involving Falls, as opposed to finds?
>
> Do meteorites fall under ownership of the person with the Mineral
> Rights or
> the land rights?
>
> Any help would be appreciated.
>
> Steve
Hello Steve, hello List,
As for my part, I haven't got any new background information - only what
I already posted when we discussed it for the first time in March:1)
Monahans question (Thu, 26 Mar 1998 20:01:18 +0100)
2) Monahans (Fri, 27 Mar 1998 21:05:16 +0100)
Best wishes, Bernd