Expert: Ralph Salier - 3/18/2008

Question
If an amateur had a place that he/she had permission to excavate by the persons who owned the property, then the amateur finds something significant such as a burial, but before the amateur reports the findings someone else does and gets the amateur in trouble with the law. What rights does the amateur have? Would there be any legitimate defense on behalf of the amateur since he/she had permission to be at the site doing excavation by the landowners? If the amateur had journals of his/her own recording any artifacts found, would this change your answer to the first two questions?

Answer
Hi Jennifer,

When it comes to burials, there are very strict laws which can even run a professional into trouble.  One is required by law to report the discovery of human remains regardless of situation.  Once it has been established that the burial is a legitimate archaeological find, then the amature  is required by law to turn the site over to a professional archaeologist for forensic evaluation and final exhumation.  

Even a very skilled amature lacks the complete knowledge of forensic excavation as learned by professionals.  Even with careful record keeping and maps, photos etc... the amature may still be liable for the desicration of the burial and in some state it may be viewed as grave robbing, even with the permission of the land owner.

I wish I could be more positive but the laws are quite strict.  Even a professional must report the discovery of remains to the local authorities immediately for disposition.