If you find a really big, dead bear on your property, it is a matter of finders keepers.

That is what the Minnesota Court of Appeals ruled Tuesday in an intriguing case that weighed the public and private ownership of dead wild animals.

The court ruled that R. James Swenson has a right to keep a trophy bear that likely died of natural causes on his Fifty Lakes farm in northern Minnesota.

The ruling was against the Minnesota Department of Natural Resources, which had confiscated the bear carcass from Swenson.

Swenson found the bear dead on his property Nov. 1, 2007. According to his attorneys, the skull had a Boone and Crockett measurement of 23 1/2 inches, making it one of the largest black bears ever measured.

The carcass was never weighed, his attorneys said, and Swenson recovered only the skull and hide.

Swenson contacted a taxidermist to have it mounted. A few months later, Swenson, unsure of whether he needed a DNR permit to possess the bear, had his attorney contact the DNR.

The next day, a conservation officer confiscated the bear from the taxidermist, saying it belonged to the state. He also issued Swenson a warning for illegally possessing a wild animal carcass.

Swenson sued the DNR in Crow Wing County District Court, arguing he had a property interest in the bear carcass and the agency deprived him of it.

He also said the DNR deprived him of his Fifth Amendment rights, which protect him from government abuse.

The district court ruled against Swenson, saying he didn’t prove his private right to the bear carcass over state laws precluding private ownership of wild animals. Swenson appealed.

In an 11-page decision, the appeals court said state law indeed limits private rights to a wild animal carcass but only when a person “takes” the animal, which generally involves shooting, trapping or catching it.

Game and fish laws permit an individual to take a wild animal if the person has a license and properly affixes a tag to the carcass. Once that is done, a person can legally own the carcass.

The state attorney general’s office, arguing on behalf of the DNR, said allowing unlicensed possession of any animal carcass is an “invitation to poach” because illicit hunters could claim their animals also died of natural causes.

But the appeals court ruled differently. The judges said animals that die of natural causes fall outside of state statute.

“Intuitively, the court ruled it’s finders keepers if you find a carcass on your private property,” said Charles Schoenwetter, one of two Minneapolis attorneys who represented Swenson.

Swenson was not immediately available for comment.

The appeals court sent the case back to district court, where it will be determined if Swenson’s bear died of natural causes, Schoenwetter said.

He said it hasn’t been determined whether the state will pay Swenson’s court costs.

“This is really an issue of him wanting the bear back,” Schoenwetter said. “He is a lifelong sportsman and outdoors enthusiast. (The bear) had a deep attachment for him. He wants to have it mounted and showcased in his house.”

He added that shed antlers and deer killed in car collisions are covered by different state laws that allow for private possession.

A DNR spokesman said the agency was reviewing the decision and hadn’t decided whether to appeal.