Ohio Farmer

Country Counsel: Who owns artifacts and other found items on property?

Robert Moore, Co-owner

February 5, 2021

3 Min Read
treasure chest filled with gold coins
FOUND PROPERTY: If you find buried gold coins while looking for arrowheads, Ohio law may allow you to keep the coins even if you find them on someone else’s land.fergregory/Getty Images

Arrowheads and other Native American artifacts are abundant in Ohio. Many farmers and landowners spend hours hunting for artifacts each year. Have you ever wondered who actually owns artifacts? Knowing the answer could keep you out of trouble.

Generally, artifacts belong to the landowner. So, if you find an arrowhead on land that you own, it is your arrowhead. If you are hunting for arrowheads on someone else’s land, the arrowhead is the landowner’s unless they give you permission to take the arrowhead for yourself. You are not entitled to take artifacts from state and federally owned land without permission. 

This is where some people have gotten into trouble. Artifacts on government-owned land are owned by the government and not any one individual. Therefore, you will need the permission of the appropriate government agency to remove any artifacts from state or federal lands.

Similar to artifacts, Ohio has an obscure law regarding treasure trove. The law generally defines treasure trove as gold, silver or money that has been intentionally buried, hidden or concealed. There have not been many cases in Ohio, so the law is unsettled on the matter, but it appears it’s “finders keepers” regarding treasure trove. 

If you find buried gold coins while looking for arrowheads, Ohio law may allow you to keep the coins even if you find them on someone else’s land. Obviously, a treasure trove find is rare in Ohio, but it does occasionally happen during a house renovation or something similar where hidden spaces might be discovered.

Mislaid property

What if you find a wallet while looking for arrowheads? Can you keep it? Property that is unintentionally lost is called mislaid property. It is doubtful that anyone would intentionally abandon a wallet that has money and their ID in it. The finder of mislaid property has superior title to everyone but the original owner. 

The finder must make a good faith effort to find the owner before taking possession of the property. For a wallet, the finder should try to contact the owner if there is ID in the wallet, or if not, turn it in to the nearest police or sheriff's office. If no one claims the wallet, it will eventually be turned over to the finder.

Abandoned property is different than mislaid property in that the owner has given up title. Abandoned property is usually found in a place that would indicate the owner intentionally left the property. An example might be if you are driving past an area where people commonly illegally dump junk and other refuse. 

If you see something you think has value, you can take it as it is likely abandoned property. The fact that you found the property in a location that strongly indicates the person intentionally left the property gives you superior title to anyone else.

The next time you are out walking on your property or someone else’s and see something you would like to keep, try to keep in mind Ohio’s laws on found property. If you have any questions as to whether you can keep it or not, be sure to contact an attorney to get legal advice. The laws regarding found property are not always as straightforward as you may think they should be.

Moore is an attorney with Wright & Moore Law Co. LPA. Contact him at 740-990-0751 or [email protected].

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