Re: Ownership of Artifacts in New York State


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Posted by Paul Ehorn on November 05, 19103 at 16:41:28:

In Reply to: Ownership of Artifacts in New York State posted by Jim Kennard on November 05, 19103 at 16:25:14:

: In New York State,by law, material on or under any land belongs to the landowner, whether the land is public or private. On public lands this material belongs to the state or federal agency that manages the property, and their permission is required before this material can be removed or disturbed. Where these items are of "historic interest," additional protection is afforded them under NYS Education Law, Section 233. Permission for the disturbance or removal of these objects of "historic interest" is obtained through a permit process.

: Items of "historic interest" are generally considered to be older than 50 years, however, there may be special circumstances where a more recent vintage item may also be considered to be of "historic interest".

: Most underwater sites within the borders of New York State are considered to be state owned land.

: Jim Federal law prevails over state law. Brendon is working on organizing the pertinent Federal laws and how they are or are not applicable. Please call if you have specific questions and I will be glad to help. While the state owns the bottom lands they do not own all of the shipwrecks that rest upon them.


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