Does anyone know about "TREASURE TROVE LAWS" in Utah?

[LUE-Hawn]

Hello All,

Does anyone know about "TREASURE TROVE LAWS" in Utah? If so how to you go about it and how do you establish a claim?

Thanks

LUE-Hawn

 

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[cudamark]

I assume you mean on public/government property? I would think a lot would depend on which government agency controls that piece of land. You're going to have local, state, and federal land in Utah to deal with. If it's a significant find, I'd first research who controls the land, then consult a lawyer who specializes in that area of the law.

 

[Clay Diggins]

Treasure troves found on the federal public lands belong to the government.

From the BLM:

"Treasure Trove" Contracts. The BLM does not honor requests for contracts to recover abandoned historic property ("treasure trove"). There are no exceptions. The General Services Administration administers a salvage-authorizing program loosely based on an 1870 abandoned property statute, 40 U.S.C. 310, through which salvors contract to turn over a portion of their finds to the Government. None of the cases that have ever come to BLM has resulted in a contract. Alleged materials that are the subject of such discussions, if they were to exist (none has ever been verified), would generally be archaeological resources legally unsuitable for conversion to private property.

From the Forest Service:

Treasure trove is defined as money, gems, or precious metals in the form of coin, plate, or bullion that has been deliberately hidden with the intention of recovering it later. This activity requires a Special Use Permit under The Act of June 4, 1897 (16 U.S.C. 551). Forest Service Manual 2724.4 states “allow persons to search for buried treasure on National Forest System lands, but protect the rights of the public regarding ownership of or claims on any recovered property.”

Using a metal detector to locate archaeological or historical remains is subject to the Antiquities Act of 1906 and the Archeological Resources Protection Act of 1979 (ARPA) as amended and requires a special use permit. Such permits are granted for scientific research only, however, there are many ways to get involved with organized, scientific research

Technically it's possible to get a permit to search for treasure on public lands but you will not be allowed to dig up the treasure or take it for your own.

 

[cyzak]

Treasure troves found on the federal public lands belong to the government.

From the BLM:


From the Forest Service:


Technically it's possible to get a permit to search for treasure on public lands but you will not be allowed to dig up the treasure or take it for your own.

What the kicker is they want to come out and inspect your site to see what it is before they will make any determination. And also your permit is not public knowledge meaning no one can go in the office and say they want to see who has pulled a treasure trove permit for a certain area.

 

[Clay Diggins]

What the kicker is they want to come out and inspect your site to see what it is before they will make any determination. And also your permit is not public knowledge meaning no one can go in the office and say they want to see who has pulled a treasure trove permit for a certain area.

Public land managers are required by law to do a site inspection before approving any permit that will result in the disturbance of surface resources. They would be pretty lousy land managers if they didn't.

You are misinformed. All permit applications on public lands are available to the public. They are not easy to find for the casual researcher but they are available. Only commercially valuable process information or personal private (ssn, credit card etc.) information is redacted from the public information.

 

[Goldfinger450]

The Government has gotten WAY out of hand with their Land Grabs and Claims there of, to ME it is No more theirs if You found something than Yours so finding it is as they say IS 90% of the law to have it in possession.

By Law as I recall the Gov. should not own land other than what is needed like railroad ways and building sites like post offices. so think about that a bit? The folks at Gov. Offices and field people Most times Forget that They WORK FOR US the taxpayer, I Remind those that forget that FACT.

YES I am a non conformist these days.

 

[LUE-Hawn]

This is an extremely important avenue of approach and I thank you. Finding a lawyer who is familiar with treasure trove law in Utah is going to be difficult especially one who is honest and is not likely to screw you in the process? Any suggestions on an honest lawyer in Utah?

Thanks

LUE-Hawn

 

[cudamark]

Maybe track down Mel Fisher's lawyer to get a recommendation.

 

[A2coins]

Ill represent you