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The Necessity of Permission or Consent
When considering the legalities of rock, mineral, or fossil collecting, the foremost principle is that a collector cannot legally take rocks, minerals, or fossils without the permission or consent of whoever has a legal right to those rocks, mineral, or fossils. Admittedly, this framework may seem overly technical and complicated when applied to small, loose,…
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Ownership or Possession of Rocks, Mineral, and Fossils
Contrary to a common perception, all rocks, minerals, and fossils are treated as being owned or possessed by some person or entity in the American legal system; there are no specimens that are wholly “unowned” as a legal concept. Even in cases where no specific person or organization has ownership of rocks, minerals, or fossils or…
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The Importance of Rock, Mineral, or Fossil Ownership and Possession
The most important factor in assessing the legality of rock, mineral, and fossil collecting activities is the legal ownership or possession of the specimens being collected; the question of the ownership and possession of those specimens is the starting point for further legal analysis. Ownership of rocks, minerals, and fossils entails complete control of those…
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But Will I Get Caught?
Rock, mineral, and fossil collectors may also wrestle with the distinction between legal and practical realities when considering collecting activities. As is often the case, legal principles do not always match up with practical circumstances, and someone who does something illegal may not always be caught, let alone prosecuted or sued. Simply put, specimen collectors…
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What Does “Legal” Mean?
Additionally, when the question of an activity’s “legality” and whether that activity is “legal” is raised, it sometimes creates confusion. Colloquially, when people ask whether something is “legal” or “illegal,” in most cases, they are really asking “can I do it without getting into trouble?” It’s certainly a fair question, but it’s a question with…
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Some Basic Ground Rules
(No Pun Intended)Rock, mineral, and fossil collecting is a popular hobby around the world and is not limited to any particular country or region. Indeed, many highly-sought specimens are available only in locales considered exotic or far-flung. Importantly, however, each area has a specific legal system applicable to that area; there is no single, uniform body of laws…
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Legal Aspects of Rock, Mineral, and Fossil Collecting
Part 1: Introduction While fishing in a mountain stream, you find a small gold nugget. Is it yours to keep? Imagine digging in your backyard to install a new deck and unearthing several fossils. Do you own them? As you hike with your family in a national park on vacation, your children happen upon several…