The common-law rule of treasure trove likely governs the ownership of valuable discoveries such as dinosaur bones. However, what you “can” do with the bones and what you “ought” do with them are two entirely different issues.
LEGAL OWNERSHIP
In most respects, state law governs the ownership of property in the United States. Since we are a common-law country, for the most part, we have borrowed many legal principles from our mother country England. One of these fascinating principles is that of “treasure trove.”
In essence, “treasure trove” is the legal embodiment of the philosophy finders-keepers-losers-weepers. Under the principle, a finder of treasure is entitled to keep it, unless the true owner steps forward. This is true even if the treasure is found on the land of another. It’s actually quite fascinating to read court decisions discussing “treasure trove” because they site to and rely on English cases that are hundreds of years old.
Of course, it would require that dinosaur bones be categorized as treasure and, I would imagine, depend on the amount of excavation done. In addition, the federal government and many states have laws that prohibit the digging for artifacts on public lands and grant the private property owners the right to artifacts found on their private land. However, dinosaur bones are not technically artifacts. If you could pass the hurdles, a straightforward application of the “treasure trove” principle would grant the bones to the finder. So, in that case, you could keep them.
MORAL OBLIGATION
Of course, what you can do and what you ought do are often entirely different animals. Given the scientific importance of finding dinosaur bones (especially if they were found in my area), you should contact the local university or the state geological office and report the discovery.
Furthermore, you better be sure that they are dinosaur bones. If there’s any chance they are human, many state laws will require you to report the find to the police.
One source to help determine what you ought to do is the Paleontological Society Code of Fossil Collecting, which essentially states that one should get permission and give important finds to a museum. You can check out the code at:
http://www.paleosoc.org/pscode.html
So, the answer to the question “what to do if you find dinosaur bones” can be answered two different ways. If you find them on your own property, or get the right attorney, you might just be able to keep them. But, should you? Given the importance of the find, there is a strong argument that you should given them to the “people” through a donation to a museum. Heck, you might even be able to make it a tax right off, but that’s another article entirely, isn’t it? Happy hunting!
