Ohio artifacts on private property

When a large meteorite broke apart over Medina County in March, it set off a flurry of activity.

Searching for meteorite fragments on farmland became a hobby of sorts for treasure hunters seeking a piece of natural phenomena. But, treasure hunters aren’t confined by new “finds.” The search for arrowheads and other artifacts, both past and present, can create a conundrum for landowners who don’t want people to trespass on their property.

“Trespassing is probably one of the simplest things to understand in the law,” said Leah Curtis, Ohio Farm Bureau associate general counsel, on a recent Legal with Leah podcast. “If you are on land that you have no permission or right to be on, you are probably trespassing.”

For Beth Ellis, a farmer, Clinton County Farm Bureau member, and self-proclaimed “amateur archaeologist,” hunting for Native American artifacts is a way to preserve the history of her family’s farm.

“While I love to encourage people to go (arrowhead or artifact) hunting, I’m trying to keep everything we have right here so I can document the actual time periods and study the pieces to get a factual timeline of the history of our farm,” she said, noting that local historical societies, The Ohio History Connection, and the Archaeological Society of Ohio are all great resources to help folks learn about the history of their farm and county.
Ellis cautioned that artifact hunters should receive permission from the landowner before hunting for artifacts and to “be courteous and share (with the landowner) all of the things you’ve found.”

The same can be said for the remnants of meteorites, Curtis said.

“If someone is interested in looking for meteorite fragments, they need to be sure to ask permission from a landowner before they start that search,” she said. “They should be up front about what they are doing and why they want to come on the property, and respect the wishes of the landowner.”

In general, the historical common law is that natural objects on a property are owned by the person who owns the property, and that is our best guess about how the law might apply in this very unique situation, Curtis added.

“No Trespassing” signs are not required by law to prevent people from trespassing on your property or to prosecute them, but Curtis said that while signs are not required, “they are good to have around the property, particularly if you have areas that you know may be prone to trespassing.”

KEY POINTS

  • Treasure hunters must obtain explicit permission from landowners before searching for meteorite fragments or historical artifacts on private property.
  • Under historical common law, natural objects found on a property are generally owned by the person who owns the land.
  • You are illegally trespassing if you are on land without permission, and landowners do not need to post “No Trespassing” signs to protect their property or prosecute violators.

WHAT’S NEXT
Learn more about your rights as a landowner in the members-only Landowner Toolkit

Listen to Legal with Leah: Meteorites and Trespassing

Feature photo: Arrowheads found at Cherrybend Pheasant Farm. Photos by Brooke Beam.

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