[meteorite-list] Lorton Meteorite

From: cdtucson at cox.net <cdtucson_at_meteoritecentral.com>
Date: Sun, 7 Feb 2010 13:39:36 -0500
Message-ID: <20100207133936.3OG19.575445.imail_at_fed1rmwml37>

Phil, Martin , List,
Not to beat a dead horse here but, we all understand the way things are now.
In this link I provided earlier and again below there are particular events that occurred that may effect the outcome of this new case.
Please read link again and click on the past precedence they link to.
One is the Pierson V. Post case. ( this is highlighted in the article) In this case the court ruled the way most of us would expect. Surprisingly when the ruling was challenged in the supreme court. The decision was reversed! OMG, This case is about possession and is probably what John Lennon meant when he said;
"Possession isn't nine-tenths of the law. It's nine-tenths of the problem. ".
Please take particular note of the boxed area which quotes the exchange between the Doctor and his landlord.

The doctor says he called the landlord and told him he plans to hand the meteorite over to the Smithsonian. He goes on to say that the landlord gave him PERMISSION to do so.
I may be old school but once the landlord Ok' d the "hand over" he gave up ownership. Verbal agreements are legally binding. Obviously the landlord later realized he had made a mistake so, had his brother try to reclaim it but the fact is once you give something away you NO longer own it. Period. Sorry but please re-read this article linked here.'

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

So, you see there are issues that clearly need pursuing but, Please all due respect to Indians today but as a kid we used to call this "Indian Giving". Sorry about that I would never use this term today but thought it would make the point that you cannot take back something you previously gave away. Sorry, if you are of sound mind at the time you just cannot. No matter how bad you feel about it later. The meteorite has already changed hands. Maybe. Only the courts can decide now.
Actually as already noted by another list member maybe they should divide it three ways and be done with it? Carl

--
Carl or Debbie Esparza
Meteoritemax
---- Phil Whitmer <prairiecactus at rtcol.com> wrote: 
> When you acquire clear title to a piece of property, you 
> also get landowners rights.  These rights are written into 
> the state constitutions or the bill of rights.  You own
> everything above, below and on your land.  Once a 
> meteorite enters your air space, you own it. Anyone 
> who tries to take it can be charged with theft, here in 
> Indiana, felony theft.  If I was the landowner in the 
> Lorton case, I would file felony theft charges against
> whoever stole my property. 
> 
> Since there are no specific laws pertaining to meteorites,
> the courts would decide the cases by legal precedent.
> This was all worked out by the time of the  Hodges
> meteorite case in 1954. 
> 
> If you think the landowners rights are unconstitutional,
> and you want to defy precedent, lots of luck to you
> and your lawyers, as you sue for ownership of someone
> else's property.  There's no way these rules are changing
> anytime soon, especially not for meteorites. 
> 
> Phil Whitmer
> 
> 
> 
> I am an uninformed reader but, where can I find these 
> "Meteorite Laws"? I usually only carry a copy of the 
> Federal Regulations Title 43 Part 8360, that allows me 
> to remove mineral specimens from public lands, should 
> I run into an agent who is not familiar with the law. 
> But, I am not familiar with "Meteorite Laws". I know 
> that Michelle Knapps had no trouble claiming and selling 
> the Peekskill meteorite. 
> Just need to know where to find these said new laws.. 
> Thanks! Miss seeing everyone in Tucson. Had to have 
> a Knee tune up after tromping around Egypt. 
> Dennis 
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Received on Sun 07 Feb 2010 01:39:36 PM PST