Are fossils surface rights?

So you’ve found dinosaur remains on your property. Do you have rights to the fossils?

Well, if you’re in Montana, the 9th U.S. Circuit Court of Appeals, says if you are the surface rights owner, yes you have rights in the dinosaur bones. If you are the mineral rights owner, no rights in the dinosaur bones.

Why did the surface owner get the fossil rights?

• The fossils were found on the surface
•  In 2019 Montana Legislature passed a bill defining dinosaur fossils as part of a property’s surface estate unless they are reserved as part of the mineral estate.

The value of dinosaur bones: $$$ millions.

Colorado Politics | OUT WEST ROUNDUP | Court says dinosaur fossils part of surface rights; New Mexico cancels state fair