.....without giving any credit to who really found it. My opinion is if they would only work with us instead of against us, .....
Amen to that me brother, you are absolutely correct. I guess the old adage still goes, Out of Sight, Out of Mind.So I am convinced that the LESS they think of us, the better. Not the more they think of us.
I laughed at the archies statement that treasure hunters are "destroying shipwrecks", as if the ship being sunk in a hurricane and rotting in the ocean for 400 years didn't hurt it....
USA has kind of random treasure-finding laws too. In UK isn't the gov. obligated to compensate 100% of the find's value if the the gov. keeps it? Museums, etc, bid on the rights for digs as well I think. Read a few stories about things like that... and it goes to the finder, not the landowner (unless the finder was there without permission). I remember reading about a hired plowman that got the reward for a huge roman silver find when his plow blade struck a plate and found the hoard when he was plowing someone else's land...Cool story that still depicts detectorists as clumsy pirates. What, IMHO. it boils down to is jealousy. There have been so many stories out there where a detectorist does some research on an area, hunts it and makes some extraordinary finds and when archies catch wind of it they swoop in and take over without giving any credit to who really found it. My opinion is if they would only work with us instead of against us, Whether they like it or not, I hope those companies do make the find. But that's just me, right or wrong.
USA has kind of random treasure-finding laws too. In UK isn't the gov. obligated to compensate 100% of the find's value if the the gov. keeps it? Museums, etc, bid on the rights for digs as well I think. .....
You own the subsurface natural resources IF you own the mineral rights (don't know how that squares with buried treasure troves cuz I'm not a lawyer), but I do know that much private land has the mineral estate severed from the surface estate so Farmer Bob may not own the minerals. Look at your deeds! Unless the land is patented (such as for a patented mining claim) the feds like to retain the mineral rights even if they see fit to sell off the surface.The USA has the same "fair market value" system, for deciding how to split finds between you and farmer Bob . It works like this :
1) Ebay decides the "fair market value", and
2) You and farmer Bob decide how you want to split it up, with ZERO INTERFERENCE from the govt.
3) Or you can elect to keep, and *not sell at all*, if you wanted (versus forced sale to Govt. or a museum or whatever)
Presto, problem solved.
Trust me : You do NOT want archies and the govt. interfering with the way you and farmer Bob split or value things. The only reason the UK has such a system, is that their private property laws are different than ours. In their system, the wealth (natural resources, caches, etc...) under the ground belong to the crown. So for example if you discover oil on your land, it's not going to be the Beverly Hillbillies riches story. Instead, that belongs to the crown, not you. But here in the USA, if you discover a cache on your land, it's yours to decide what to do with it, and whether or not you want to sell or keep, or proportion it, etc...
You do NOT want to suggest that the USA ever think of such a system as the UK has. Because the moment that starts, is the moment that there will be RESTRICTIONS, not allowances. The less they know and interfere, the better. The last thing you want is for archies to start thinking of you and I here.
You own the subsurface natural resources IF you own the mineral rights (don't know how that squares with buried treasure troves cuz I'm not a lawyer), but I do know that much private land has the mineral estate severed from the surface estate so Farmer Bob may not own the minerals. Look at your deeds! Unless the land is patented (such as for a patented mining claim) the feds like to retain the mineral rights even if they see fit to sell off the surface.
That's 100% correct actually... Well, less about the Uncle Sam aspect but about possibly not owning things on your own land. If you are going to do any prospecting make sure you own the mineral rights to any land you are looking at.Rock-Jock : Point duly noted. So what you're saying is that , here in the USA, if you find a vast diamond mine or oil reserves or gold ledge on your property, it *might not* belong to you. Or that Uncle Sam steps in and interferes with how you'll profit off of the natural-resource . Or if you can or can't profit, or whatever.
Let's just say, for sake of argument, that I grant that ^ ^ to you. Ok ? Then for PURPOSES OF THIS forum (an md'ing forum), we're talking about treasures. Right ? Eg.: Caches, etc...., right ? Then I propose that everything I've said (when comparing the UK to the USA) still stands, ok ?
Because I'll tell ya what : If I discovered a fabulous cache in my backyard, from some ancient person who buried it, then : I bet it's mine to do whatever-the-heck I wanted with it.
That's 100% correct actually... Well, less about the Uncle Sam aspect but about possibly not owning things on your own land. If you are going to do any prospecting make sure you own the mineral rights to any land you are looking at.
On a different note, you can sell the mineral rights on your property without selling the actual property if that's your cup of tea as well. Or, you can sell the land without relinquishing the mineral rights... I've seen land for sale near Bakersfield as well as up in SF bay area (I think it was near Livermore) that had specific exclusions in the deed of sale prohibiting drilling for petroleum resources.
I'd like to think you are right and I hope you're right, but, like I said, I'm not a lawyer and I never cease to be amazed at the new legal concepts that crawl out into the light of day in courts of law. There is a difference between caches/treasure troves and natural resources. I believe antiquities located on your own land are your property. I believe that minerals located on your own land with a complete estate are also your property. However, minerals located on your property with a split estate can be owned by others, corporations, companies, individuals and governments (the People TM) and frequently are. In a split estate, those who control the mineral estate have the right to develop the resources and the surface owner can't obstruct their entry onto the land to develop the resources or to explore, for that matter. Even so, they must post bonds generally, make agreements for restoration of the surface and/or leave some developed infrastructure intact if the surface owner prefers. It doesn't have to be an adversarial relationship. Private enterprise developers can and do lease the mineral rights from the owners and, when they acquire a critical percentage in certain areas, states will permit them to proceed with their projects. These projects frequently have a life cycle according to mineral economics/usefulness, political attitudes and remnant resource still in the ground, among other factors.Rock-Jock : Point duly noted. So what you're saying is that , here in the USA, if you find a vast diamond mine or oil reserves or gold ledge on your property, it *might not* belong to you. Or that Uncle Sam steps in and interferes with how you'll profit off of the natural-resource . Or if you can or can't profit, or whatever.
Let's just say, for sake of argument, that I grant that ^ ^ to you. Ok ? Then for PURPOSES OF THIS forum (an md'ing forum), we're talking about treasures. Right ? Eg.: Caches, etc...., right ? Then I propose that everything I've said (when comparing the UK to the USA) still stands, ok ?
Because I'll tell ya what : If I discovered a fabulous cache in my backyard, from some ancient person who buried it, then : I bet it's mine to do whatever-the-heck I wanted with it.
........ I believe antiquities located on your own land are your property. ......