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basserdan

02/02/12 5:55 PM

#4172 RE: Goldenboy17 #4171

<<<These two characteristics make this treasure totally different from the Seafarer treasure. So none of this article applies to Seafarer.>>>


Hi Goldenboy....
Unfortunately, I do not know enough about ownership as defined by maritime law to make an educated response to your assertion.

I seem to remember Mel Fisher spending lots of time and money going through the appropriate courts to protect his claims to the Atocha.

I suppose if MF could do it, I would proffer that given similar circumstance, other treasure hunters could as well.

Perhaps someone who really knows this 'stuff' can chime in...... but please, no guesses.... or lubricated avians. <g>
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hedge_fun

02/02/25 8:07 AM

#77382 RE: Goldenboy17 #4171

Speaking of Groundhog Day, this gem of…….

a thread on Groundhog Day 2012 really showed off your salvage law knowledge, or lack thereof.

Off the Spanish coast.
Navy vessel sunk in naval battle.

These two characteristics make this treasure totally different from the Seafarer treasure. So none of this article applies to Seafarer.



Of course it was followed up with this the following day with this masterpiece.

Naval vessels located in international waters are legally different. All cases brought by Spain to claim rights for treasure found on coasts of Florida were won by the salvage companies that found them.

Mel Fisher spent a lot of time in court because of the deep water international water treasure he sought.

It's not guessing, it's the law and history.



https://investorshub.advfn.com/boards/read_msg.aspx?message_id=71670049

What wreck in Florida waters did Spain make a legal claim to?

Take your time.

Since SFRX still deals with Florida why not challenge the state’s claim to shipwrecks? There is precedent.

Fourth Circuit Declares Spain as Owner
Under the Abandoned Shipwreck Act of 1987 (ASA), a state acquires title to all abandoned vessels embedded within its submerged lands. In defining the term abandoned, the ASA merely provides that abandonment occurs the moment an owner relinquishes its rights to a sunken vessel. On appeal to the Fourth Circuit, Virginia and Sea Hunt argued that the ASA's definition of abandonment should permit a court to imply abandonment where a sovereign fails to declare its ownership in a timely manner. The Fourth Circuit disagreed, holding that, as under admiralty law, a sovereign owner appearing before a court to assert its ownership to a shipwreck retains title to the vessel unless an express and affirmative declaration of abandonment is proven.


http://users.accesscomm.ca/shipwreck/index12.htm