[x] Welcome at THunting.com!

A fun place to talk about Metal Detecting, Treasure Hunting & Prospecting. Here you can share finds and experience with thousands of members from all over the world

Join us and Register Now - Its FREE & EASY

THunting.com
Treasure Hunting & Metal Detecting Community
   
Advanced Search
*
Welcome, Guest! Please login or register HERE - It is FREE and easy.
Only registered users can post and view images on our message boards.
Did you miss your activation email?

Login with email, password and session length
Or Login Using Social Network Account
News:
Pages: 1    Go Down
Print
Share this topic on FacebookShare this topic on Del.icio.usShare this topic on DiggShare this topic on RedditShare this topic on Twitter
Tags:
0 Members and 1 Guest are viewing this topic.
Offline BackAtchaTopic starter
Bronze Member
*

Avast, ye pirates!
Join Date: Sep, 2009
Thank you0

Activity
0%
Female
Independent Rouge States
Posts: 241
Referrals: 0

115.00 Gold
View Inventory

Awards

Cobra Beach Magnet, Automax Precision V4 Pinpointer
« on: October 05, 2009, 09:43:47 am »
Go Up Go Down

Some of you may remember the court case in a few years back when the owner of Rolling Stones Magazine, Jann Wenner, was fighting a legal battle against a construction worker who had found a cache of American gold coins dating from 1857 to 1914 in a broken glass jar on Wenner?s property in the prestigious Sun Valley, Utah resort area. The construction worker, who was excavating soil in order to build a driveway on Wenner?s property (once the site of an old mining town), tried to lay claim to the treasure based on the Treasure Trove common law, which basically states, ?finders, keepers.?  The court decided in favor of the land owner, and the construction worker was left to seek his fortune elsewhere.

According to the Archaeological Institute of America, the Treasure Trove Law, based on English Common Law, applies to gold and silver, and also to cash (since it represents gold).  The treasure must have been intentionally hidden, not merely lost or scattered about, with an intent to eventually retrieve it.  This law has been etched away in some states over the past 60 year or so, and replaced by a ?mislaid rule? for buried objects, which allows purposely hidden objects to be reclaimed by those who originally hid them, and held in custody by the property owner upon whose land the items were found.  As the years go by, it becomes increasingly less likely that the original owner will reappear to claim them.

Treasure Trove Laws vary from state to state. State courts in Arkansas, Connecticut, Delaware, Georgia, Indiana, Iowa, Maine, Maryland, New York, Ohio, Oregon and Wisconsin have maintained the ?finders keepers? laws, giving ownership to the finder. However, laws in Idaho and Tennessee currently protect the landowner?s claim to ownership of any items found on their property in order to discourage trespassing and looting. In other states, any finders of lost money, gold or silver, are required to report their finds to the police, who (supposedly) will then attempt to locate the original owner. If unclaimed for a specific period of time, ownership goes to the finder. In Louisiana and Puerto Rico, any unclaimed finds are then split between the finder and land owner.

There are still more exceptions to the ?finders keepers? rule. Generally, finders who are illegally trespassing at the time of the find lose all rights to the items found. Additionally, finders who are employees of the property owner generally have no right to found items because employees have a legal obligation to protect their customer?s property. Furthermore, some states do not allow police officers or military personnel to keep their finds due to potential conflict of interest. Lastly, any finds on government land in excess of 100 yrs old are subject to the Archaeological Resources Protection Act of 1979 as well as the 1990 Native American Graves Protection & Repatriation Act which protects federal and tribal lands.

Bottom line:  Be careful where you search. Get permission. And don?t get into trouble with the Feds. Cool

Linkback:

You are not allowed to view links.
Please Register or Login

http://www.thunting.com/smf/index.php/topic,8422.msg52719.html#msg52719




Logged
Offline Carolina Au
Pull Tab
*

Join Date: Jun, 2009
Thank you0

Activity
0%

United States
Posts: 11
Referrals: 0

55.00 Gold
View Inventory

Awards

Garrett GTI2500, Fisher Gold Bug II
« Reply #1 on: December 24, 2009, 01:36:03 am »
Go Up Go Down

And governments are fighting for property they lost in international waters too.  In a US court, Spain was awarded the rights to $500 million in coins found in a warship sunk by British forces in 1802.  The return of the coins was stayed pending appeal of the ruling.


You are not allowed to view links.
Please Register or Login

http://www.foxnews.com/scitech/2009/12/23/plundered-booty-returning-spain/?test=latestnews


Linkback:

You are not allowed to view links.
Please Register or Login

http://www.thunting.com/smf/index.php/topic,8422.msg63906.html#msg63906




Logged
Offline BackAtchaTopic starter
Bronze Member
*

Avast, ye pirates!
Join Date: Sep, 2009
Thank you0

Activity
0%
Female
Independent Rouge States
Posts: 241
Referrals: 0

115.00 Gold
View Inventory

Awards

Cobra Beach Magnet, Automax Precision V4 Pinpointer
« Reply #2 on: February 04, 2010, 03:16:00 pm »
Go Up Go Down

Good point!  Seems like after a couple hundred years have gone by, Spain wouldnt have any rights to it.  Undecided

Linkback:

You are not allowed to view links.
Please Register or Login

http://www.thunting.com/smf/index.php/topic,8422.msg71020.html#msg71020




Logged
Offline Slug Hunter
Foil
*

Join Date: Oct, 2010
Thank you0

Activity
0%

United States
Posts: 3
Referrals: 0

5.00 Gold
View Inventory

Awards

Garrett Mark II
« Reply #3 on: October 11, 2010, 07:21:26 pm »
Go Up Go Down

This is an old topic but...Back in the 70's a family friend had some workers on property digging to add a new foundation for a garage/outbuiding.  While digging they found a CHUNK of gold, I think it weighed in around 5 pounds after the rock it was "veined" in was broken away.  I was only about 10 years old so memory is a little faded on some things.  Anyway, they showed the owner and told them it was theirs based upon them finding it.  Went to the local Sheriff who explained the workers get to keep it.  Oh well, sorry Jeff.

Linkback:

You are not allowed to view links.
Please Register or Login

http://www.thunting.com/smf/index.php/topic,8422.msg119886.html#msg119886




Logged
Print
Pages: 1    Go Up
Jump to:  

Powered by SMF 1.1.19 | SMF © 2005, Simple Machines | Sitemap
Copyright THunting.com