The discovery of dinosaur fossils presents a core property law issue involving ownership. In 1990, Sue Hendrickson excavated Sue the T-Rex, one of the largest, most complete Tyrannosaurus rex fossils on a ranch owned by Maurice Williams. Hendrickson was working with the Black Hills Institute of Geological Research (BHI), a private commercial fossil collector, and gained William’s permission to excavate. In 1992, the FBI seized Sue the T-Rex, claiming the fossil belonged to the government because it was found on land held in government trust. What followed was a legal battle over who owned Sue the T-Rex. The courts found that Williams was the rightful owner based on his possessory interest in the land. However, because the land was held in trust by the government, Williams’ ownership functioned like a possessory interest while the government maintained legal title over Sue the T-Rex. Williams would later require government permission to sell Sue for $8.4 million.

Western Apache Natives know the land at Oak Flat, also known as Chi’chil Biłdagoteel, in Phoenix, Arizona as part of their home. The natives have used the land for centuries to conduct ceremonies, which are part of their religious and tribal belief that are tied specifically to Oak Flat. The problem that comes from Oak Flat is that the land is situated on top of a massive deposit of copper, around 20 million tons of it valued at around $200 billion. In 1955, President Eisenhower closed off all mining operations on Oak Flat, which was later reaffirmed in 1971, and since then, the area has been used by the tribe and other ancestors with the guarantee that their rights to the land would not be intruded upon.

A Canadian company, The Metals Company (TMC), recently applied for U.S. government approval to mine the deep seabed. Specifically, parts of the Pacific Ocean outside any country’s borders. Instead of going through the usual international process run by the United Nations International Seabed Authority, TMC is asking for a license under U.S. law called the Deep Seabed Hard Mineral Resources Act (DSHMRA), which allows U.S. companies to explore the ocean floors.