Court rules fossils belong to landowners
The Montana Supreme Court has ruled that any fossils found on private land belong to exclusively to the landowners, and that no rights accrue to any owners of the land’s mineral rights.
The Montana Supreme Court this week ruled that fossils are not legally the same as minerals such as gold or copper. Therefore, Montana fossils, including a dramatic specimen of two dinosaurs buried together, belong to people who own the land where they are found, rather than to the owners of the minerals underneath that land.
The 4-3 decision upholds the way U.S. scientists have long approached questions of fossil ownership. It appears to defuse a potentially explosive 2018 ruling by the federal 9th Circuit U.S. Court of Appeals that fossils went to the owners of mineral rights.
The outcome is a win for scientists who had warned that tying fossils to mineral rights could make it harder to get permission to excavate and could throw into doubt who owns fossils already on display, says David Polly, an Indiana University paleontologist and past president of the Society of Vertebrate Paleontology.
Because the earlier 2018 federal court decision was later appealed and the court then referred the case to Montana’s Supreme Court, this decision settles the dispute nationally as well.
That absurd 2018 9th Court of Appeals decision illustrates how insane that specific federal court had become, packed with many radical leftist and partisan Democratic judges. In the past three years however the balance of that court has been significantly changed, so expect fewer such crazy rulings.
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The Montana Supreme Court has ruled that any fossils found on private land belong to exclusively to the landowners, and that no rights accrue to any owners of the land’s mineral rights.
The Montana Supreme Court this week ruled that fossils are not legally the same as minerals such as gold or copper. Therefore, Montana fossils, including a dramatic specimen of two dinosaurs buried together, belong to people who own the land where they are found, rather than to the owners of the minerals underneath that land.
The 4-3 decision upholds the way U.S. scientists have long approached questions of fossil ownership. It appears to defuse a potentially explosive 2018 ruling by the federal 9th Circuit U.S. Court of Appeals that fossils went to the owners of mineral rights.
The outcome is a win for scientists who had warned that tying fossils to mineral rights could make it harder to get permission to excavate and could throw into doubt who owns fossils already on display, says David Polly, an Indiana University paleontologist and past president of the Society of Vertebrate Paleontology.
Because the earlier 2018 federal court decision was later appealed and the court then referred the case to Montana’s Supreme Court, this decision settles the dispute nationally as well.
That absurd 2018 9th Court of Appeals decision illustrates how insane that specific federal court had become, packed with many radical leftist and partisan Democratic judges. In the past three years however the balance of that court has been significantly changed, so expect fewer such crazy rulings.
Readers!
Please consider supporting my work here at Behind the Black. Your support allows me the freedom and ability to analyze objectively the ongoing renaissance in space, as well as the cultural changes -- for good or ill -- that are happening across America. Fourteen years ago I wrote that SLS and Orion were a bad ideas, a waste of money, would be years behind schedule, and better replaced by commercial private enterprise. Only now does it appear that Washington might finally recognize this reality.
In 2020 when the world panicked over COVID I wrote that the panic was unnecessary, that the virus was apparently simply a variation of the flu, that masks were not simply pointless but if worn incorrectly were a health threat, that the lockdowns were a disaster and did nothing to stop the spread of COVID. Only in the past year have some of our so-called experts in the health field have begun to recognize these facts.
Your help allows me to do this kind of intelligent analysis. I take no advertising or sponsors, so my reporting isn't influenced by donations by established space or drug companies. Instead, I rely entirely on donations and subscriptions from my readers, which gives me the freedom to write what I think, unencumbered by outside influences.
You can support me either by giving a one-time contribution or a regular subscription. There are four ways of doing so:
1. Zelle: This is the only internet method that charges no fees. All you have to do is use the Zelle link at your internet bank and give my name and email address (zimmerman at nasw dot org). What you donate is what I get.
2. Patreon: Go to my website there and pick one of five monthly subscription amounts, or by making a one-time donation.
3. A Paypal Donation or subscription:
4. Donate by check, payable to Robert Zimmerman and mailed to
Behind The Black
c/o Robert Zimmerman
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You can also support me by buying one of my books, as noted in the boxes interspersed throughout the webpage or shown in the menu above.
The linked article states in part:
“The state court’s decision doesn’t apply to other states, but Polly predicted it would carry legal weight if the issue comes up again.”
Does that settle the dispute nationally? Would this case really carry enough legal weight in other states?
In most cases on property rights the land owner, when they did not own mineral rights, was allowed ownership of anything inside the top 20 feet of the land. States differed in the depth.
Basically anything he found laying on the top and anything he could possibly find while digging a reasonable footing or basement for a building was his.
Considering 99.99999% of all fossils are found inside that area their normally was not a question of who owned it. But since people have started paying millions for them of course some lawyer would make the court theft attempt.
Canada, very quietly, took those rights from people and declared all fossils belong to the state! A liberal government did this.
Enjoy your freedoms while they last!
Andi – It won’t settle the issue at the national level, but it likely would carry enough weight that if sued, the landowner would prevail in court eventually. The key word there being eventually. Since the precedent is a Montana ruling it is possible that a suit in another state’s court might be allowed to go forward to trial instead of being dismissed. If the mineral rights holder has deep enough pockets they could push on towards trial with the expectation that the landowner would rather settle than deal with the large legal bill. Sometimes the penalty is the process.