Who Owns a Meteorite?

A flaming space rock smashes through your roof and lands on your desk. Do you own it, or does the landlord? What if the rock embeds itself in your body?

Inspired by: http://www.washingtonpost.com/wp-dyn/content/article/2010/01/28/AR2010012804235.html?hpid=artslot&sub=AR

This website states different rules for different countries. It says in the US, the landowner owns the rock, full stop. Is this really true? I would be surprised if this was fully settled legal precedent, but maybe it is.

I don’t know if it’s fully settled, but this case will no doubt go to court, and we won’t know until then.

I wish I could remember names, so I could provide a link. But 40-50 years ago a woman was hit by a meteorite (result: a bruise). Publicity ensued, and her landlord filed suit to claim ownership. The whole situation wound up ruining the woman’s life.

Sounds like you’re thinking of the Sylacauga meterorite, specifically the “Hodges fragment” which hit Ann Hodges while she was napping. This article gives a few more details, in particular noting that the landlord and the tenants settled out of court.

This OP is an excellent legal question I’d never pondered before.

You gotta say it would be fairly logical for the property owner to own any meteorite that arrives - not least because he will be the one responsible to fix any damage it caused.

I believe that in England, if a person has a legitimate reason to be on a parcel of land, and finds something there that the landowner didn’t know about, it’s the finder’s (unless it’s gold or silver, in which case they’re obligated to declare and sell it to the government, but it’s still the finder who gets paid for it). This doesn’t apply for someone who doesn’t have a legitimate reason to be on the land (like a burglar), but should for a renter.

That would be a very interesting case. Hmmm. In Ohio, unless the lease provided otherwise (highly unlikely), I would rule that the tenant owns it, regardless of whether it lodges in the rental property or in the tenant’s body, since the meteorite was not there at the beginning of the tenancy, and was not a fixture of the premises. The landlord would likely be responsible for repairs to the premises, since any damage would have been caused through no fault of the tenant, and in this state the landlord has a generalized duty to make repairs and keep the premises habitable.

In Goddard v Winchell, the Supreme Court of Iowa ruled in 1892 that a meteorite is part of the land and that the landowner has ownership of the meteorite.

In that case, the meteorite buried itself three feet into the soil. Not quite the same as landing on a desk, well within the volume of space rented by the tenant.

I think it’s a simple rule of capture case. It’s neither lost nor mislaid property; it didn’t belong to anyone before now. Finders, keepers. It’s more complicated if the case is landowner vs. trespasser or if the meteorite gets embedded in the soil. OTOH, what if it were an ancient wallet that fell from space? :smiley:

The meteorite belong to the Eldrich Alien Horror that is spawned from it.

Simple.
:smiley:

Wouldn’t that depend if there was a Social Security card in that helped to identify the original owner? :stuck_out_tongue:

I believe you’re referring to F Keepers v. L Weepers

In the U.K., some mineral rights belong to the Crown. Cite. So you’re in luck if it’s an iron meteorite, but out of luck if it’s a gold one.

A similar case pending in Australia now, brought to my attention by Noel Prosequi: http://www.goldcoastmail.com.au/story/2009/11/30/queenslanders-battle-over-meteorite/

Given my extensive experience with property law, I have the following to add:

Insightful as usual, Bricker.
GAD! How do you do it?:smiley:

Nothing to add.

Same here, and I don’t even have any experience with property law.