# State of Texas will seize any old Indian artifacts found on private property? **URL:** \ **Category:** Factual Questions\ **Created:** [September 29, 2008, 9:19am UTC](https://boards.straightdope.com/t/state-of-texas-will-seize-any-old-indian-artifacts-found-on-private-property/465690 "2008-09-29T09:19:58Z")\ **Posts on this page:** 7\ **Page:** 1
**Author:** ![astro](https://avatars.discourse-cdn.com/v4/letter/a/9dc877/32.png) [@astro](https://boards.straightdope.com/u/astro)\ **Post date:** [September 29, 2008, 9:19am UTC](https://boards.straightdope.com/t/state-of-texas-will-seize-any-old-indian-artifacts-found-on-private-property/465690/1 "2008-09-29T09:19:58Z")
[Comments after the story](http://www.chron.com/disp/story.mpl/hotstories/6028052.html) indicate Texas can seize old Indian artifacts found on private property. How the heck is that legal? > [@](#): > > Will the state follks then confiscate them as they have in the past. It is against the law to pick up and collect arrowheads according to the state antiquities commission, as they demonstrated a few years ago in Nagodoches when they confiscated an entire collection of a local landowner who had found and documented hundreds of arrowheads, axes, etc., on his own property over a long period of time. ---
**Author:** ![MikeS](https://avatars.discourse-cdn.com/v4/letter/m/919ad9/32.png) [@MikeS](https://boards.straightdope.com/u/MikeS)\ **Post date:** [September 29, 2008, 12:14pm UTC](https://boards.straightdope.com/t/state-of-texas-will-seize-any-old-indian-artifacts-found-on-private-property/465690/2 "2008-09-29T12:14:06Z")
> [@astro](#): > > [Comments after the story](http://www.chron.com/disp/story.mpl/hotstories/6028052.html) indicate Texas can seize old Indian artifacts found on private property. How the heck is that legal? To be honest, I’m a little skeptical of something referred to obliquely in a single newspaper website comment, especially since the relevant law, the [Antiquities Code of Texas](http://www.thc.state.tx.us/rulesregs/RulesRegsPDF/AntiqCode.pdf), doesn’t seem to make any explicit provisions for state appropriation of artifacts. Do you have any other citations? ---
**Author:** ![Paul\_in\_Qatar](https://avatars.discourse-cdn.com/v4/letter/p/ccd318/32.png) [@Paul\_in\_Qatar](https://boards.straightdope.com/u/Paul_in_Qatar)\ **Post date:** [September 29, 2008, 12:19pm UTC](https://boards.straightdope.com/t/state-of-texas-will-seize-any-old-indian-artifacts-found-on-private-property/465690/3 "2008-09-29T12:19:36Z")
On the other hand, by long-standing doctrine, buried treasures belong to the state and human remains are covered by federal law. While I cannot comment of the specifics, it makes a certain level of sense. ---
**Author:** ![Harmonious\_Discord](https://avatars.discourse-cdn.com/v4/letter/h/74df32/32.png) [@Harmonious\_Discord](https://boards.straightdope.com/u/Harmonious_Discord)\ **Post date:** [September 29, 2008, 1:08pm UTC](https://boards.straightdope.com/t/state-of-texas-will-seize-any-old-indian-artifacts-found-on-private-property/465690/4 "2008-09-29T13:08:53Z")
An arrow head is not a buried treasure. You can find them if you pay attention in fields and other places. People have hunted with them for thousands of years. ---
**Author:** ![Mr.Duality](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/mr.duality/32/4098_2.png) [@Mr.Duality](https://boards.straightdope.com/u/Mr.Duality)\ **Post date:** [September 29, 2008, 1:42pm UTC](https://boards.straightdope.com/t/state-of-texas-will-seize-any-old-indian-artifacts-found-on-private-property/465690/5 "2008-09-29T13:42:24Z")
You would naturally think “finders keepers” but you would be wrong. Picking up such things is illegal in this state and probably throughout the US. ---
**Author:** ![Bridget\_Burke](https://avatars.discourse-cdn.com/v4/letter/b/7cd45c/32.png) [@Bridget\_Burke](https://boards.straightdope.com/u/Bridget_Burke)\ **Post date:** [September 29, 2008, 1:58pm UTC](https://boards.straightdope.com/t/state-of-texas-will-seize-any-old-indian-artifacts-found-on-private-property/465690/6 "2008-09-29T13:58:10Z")
The commenter referred to the “state antiquities commission”–by which he probably meant the Texas Antiquities Committee, which existed from 1969 through [1995](http://www.lib.utexas.edu/taro/tslac/20073/tsl-20073.html). “Its duties were absorbed by the [Texas Historical Commission](http://www.thc.state.tx.us/) and are carried out through its Archeology Division.” (Just a slight correction, although the Chronicle article manages to mention the correct group.) The Texas Historical Commission has published [guidelines](http://www.thc.state.tx.us/archeology/aapdfs/Archeo_Collections.pdf) for documenting archaeological collections. Or is this merely a nefarious plot to sieze more arrowheads? [The Dirt Brothers](http://dirtbrothers.org/intro.html#statement) want to save the past! > [@](#): > > Look around— if you see a site under construction that might contain artifacts, do what you can to create cooperation between the developer and authorities. If this cannot happen, we Dirt Brothers, support the saving of artifacts and information from destruction. This is what this site is all about— save what you can and document what you find whenever possible. Share your finds with the folks around you and raise consciousness. > > Let the Dirt Brothers help you create a better and more realistic relationship with the professionals and developers in your area. Let us help you protect your rights to pursue and practice science. Let us help you, the honest collector, to identify the true vandals who are both compromising your freedom to collect, and destroying a heritage that belongs to us all. Let us help you become more than a mere collector of things-- archaeology is about how people lived and what they did, day to day-- the artifacts are just a piece of that puzzle. Lots of interesting stuff to be found–including laws concerning historic & prehistoric sites & artifacts. But nothing on “confiscation.” Perhaps someone needs to ask **Jas415** for a Cite! ---
**Author:** ![Bridget\_Burke](https://avatars.discourse-cdn.com/v4/letter/b/7cd45c/32.png) [@Bridget\_Burke](https://boards.straightdope.com/u/Bridget_Burke)\ **Post date:** [September 29, 2008, 2:06pm UTC](https://boards.straightdope.com/t/state-of-texas-will-seize-any-old-indian-artifacts-found-on-private-property/465690/7 "2008-09-29T14:06:17Z")
_Added, since it’s too late to Edit._ In the UK, archaeological _treasures_ belong to the Crown; the finder must be compensated. (This may not apply to Scotland.) But nothing found in Texas would qualify as treasure. Until somebody finds Jean Lafitte’s Gold!