Abstract

In asking the question 'who owns the cultural property found at a site,' it is useful to ask 'who owns the ground itself.' By ownership in this sense I mean 'jurisdiction.' It leads to questions about underlying title, sovereignty and treaty rights. In this discussion, I will direct my attention to the question of underlying title as a means to determine ownership of cultural property. I will look at some difficulties this approach creates for accurate determination of ownership and advance possible solutions, both for the long-terrn and the present.