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 specimens in the most extensive sense, still subject to applicable laws, however. Rights of possession of rocks, minerals, or fossils, while legally distinct from ownership, entails less control in a more limited sense, once again, still subject to applicable laws. Ownership typically includes the right of possession, while the right of possession often does not indicate ownership.5 For example, a person may have ownership of a piece of real estate, but may have leased that real estate to a company. In that situation, the company generally has the right of possession to the real estate, although the person still retains ownership of the real estate. Both ownership and rights of possession are relevant to rock, mineral, or fossil collecting as crucial for determining what rules are applicable and what permissions are needed for rock, mineral, or fossil collecting.


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