southforkmining
spending too much on rocks
Member since October 2006
Posts: 275
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Post by southforkmining on Mar 20, 2014 2:08:46 GMT -5
Can anyone tell me if it is legal in the US...to collect plant or animal fossils on privately owned lands..also is it legal to collect native artifacts or prehistoric peoples artifacts again on private lands....thanks for any help....Rich
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Deleted
Deleted Member
Member since January 1970
Posts: 0
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Post by Deleted on Mar 20, 2014 4:32:39 GMT -5
Most everywhere, it is OK to collect fossils you find on the surface on private land, so long as you have the permission of the landowner. It is also usually OK collect artifacts from the surface with the permission of the landowner, so long as they are not associated with burials, ancient or modern, in any way (if in doubt, don't disturb them). There are exceptions and variations, and some states are more restrictive regarding digging and/or selling artifacts and certain fossil types, so check on that with your state. In some places, land "owners" also do not actually own all rights to "their" land under a fee simple title, so that would affect who can give you permission to remove material. If you dig, however, there other considerations you'll have to look into: - who owns the subsurface rights (no matter which state, this could be a government, a corporation or a private entity other than a landowner)?
- what state and local regulations and restrictions may apply to excavating and/or mining (often not allowed without going through a permit process, and in some cases not allowed at all due to zoning and other laws)?
- what state regulations apply to subsurface fossil and artifact finds?
In my area, you technically can't dig a hole for a small pond without a permit. Many people ignore permit requirements, but it just takes a neighbor with a cell phone irritated by some dust, noise, mess that disturbs their view (and possibly property values), anything that might seem to threaten their water quality, or just their dog barking at you (not to mention an alert passing inspector) to complicate things. If it is your own property, check your title and deed at your county courthouse for any subsurface ownership, along with your county land use department and state mining dept. for any other considerations. There most likely won't be any issues with a little manual shovel work, but if you are going to do more than that…
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Sabre52
Cave Dweller
Me and my gal, Rosie
Member since August 2005
Posts: 20,492
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Post by Sabre52 on Mar 20, 2014 8:01:59 GMT -5
In Texas its all legal with permission from the land owner. We even have lots of artifact fee digs in operation....Mel
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Fossilman
Cave Dweller
Member since January 2009
Posts: 20,718
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Post by Fossilman on Mar 20, 2014 9:45:32 GMT -5
North Dakota and Montana it is legal to hunt for them too,with permission from landowner......Oregon it is not legal for any artifacts hunting of any kind...But can hunt fossils with a permit.. I hunt fossils in Montana a lot,if you find a dino skeleton or anything to that effect,it has to be turned in to the state or local University .....
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southforkmining
spending too much on rocks
Member since October 2006
Posts: 275
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Post by southforkmining on Mar 20, 2014 12:15:24 GMT -5
Thanks for the replies...so here is a little more info...I am considering buying some land in AZ..so I would own the land...at time of purchase I will be able to check for the mineral right / mining claim issues...I suspect there may be some plant and animal fossils...so it would be on land I own, in AZ...anyone one else have any first hand knowledge of my right to collect those fossils or if I were to find any arrowheads or other such artifacts ( not related to burials ) ...would I have the ability to collect and sell....thanks again...Rich
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Fossilman
Cave Dweller
Member since January 2009
Posts: 20,718
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Post by Fossilman on Mar 21, 2014 9:48:59 GMT -5
Thanks for the replies...so here is a little more info...I am considering buying some land in AZ..so I would own the land...at time of purchase I will be able to check for the mineral right / mining claim issues...I suspect there may be some plant and animal fossils...so it would be on land I own, in AZ...anyone one else have any first hand knowledge of my right to collect those fossils or if I were to find any arrowheads or other such artifacts ( not related to burials ) ...would I have the ability to collect and sell....thanks again...Rich As said,different rules and regs in every state...Best to "Google" the information or hit a library or courthouse for the real deal information...I'm sure you could collect,but the selling part might have a "Claus"...Good luck..
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Post by jakesrocks on Mar 21, 2014 9:56:59 GMT -5
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