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Flashcards in 2) Finders Deck (19):
1

finders rule: abandoned

finder wins

2

finders rule: found on someone else's land

--landowner always wins if finder trespassing --if finder had permission, but private home or embedded in soil, to landowner --if finder had permission, and open to the public, to finder

3

finder statutes (3)

try to eliminate lost/mislaid/abandoned distinction --finder must bring to police, --gets if not claimed, sometimes rewards required

4

def: mislad

owner intentionally left it somewhere but then forgot where

5

landowner vs. finder

--landowner always wins if trespassing

--landowner always wins if it's in the house or ground (unless treasure trove)

--if in common area, landowner wins if mislaid, finder wins if lost

6

Charrier v. Bell

F: P discovers, excavates Indian burial site w/o permission H: legal concept of abndonment does not extend to burial goods (intended to remain in the ground, not to be taken possession of)

7

finders law: treasure trove exemption

normally, if embedded in soil landowner gets. BUT if finder has permission to be there and it's a 100+yo treasure trove, finder gets

8

F: P discovers, excavates Indian burial site w/o permission H: legal concept of abndonment does not extend to burial goods (intended to remain in the ground, not to be taken possession of)

Charrier v. Bell

9

Original owner over finder

lost or mislaid

10

finder vs. subsequent possessor

finder always over subsequent possessor (owner/finder varies)

11

finders rule: lost

original owner wins

12

landowner where property is found vs finder: finder gets

permission to be on property AND property open to the public, OR found in common area (exception: treasure trove) AND: it was lost

13

landowner where property is found vs finder: landowner gets

finder was trespassing OR private home or embedded in soil (exception: 100+ yo treasure trove) OR mislaid (implied that owner entrusted to landowner)

14

Native American Graves Protection and Repatriation Act

if federal land, must repatriate to descendents if can prove cultural affiliation

15

lost or mislaid property can become...if...

abandoned, if owner intends to give up claims

16

def: abandoned

owner intent to abandon all rights -- lost or mislaid can convert to abandoned if owner INTENTDS to give up claims

17

def: lost

owner accidentally misplaced

18

finder over original owner

abandoned

19

finders rule: mislaid

original owner wins