Man claims treasure found on Google Earth

Here we go. What's "Navigable Waterways". Texas has had a law since 1969 the "Texas Antiguities Code", making it illegal to take artifacts for profit from items found in Texas waters. (Basically, if it's found in Texas waters, it belongs to the state of Texas!)  However, Admiralty Law states that anything that has not been recovered in 1 year, it is considered abadoned and salvage rights belong to he who salvages it. (roughly)

A pure or merit salvage award will seldom exceed 50 percent of the value of the property salved. The exception to that rule is in the case of treasure salvage. Because sunken treasure has generally been lost for hundreds of years, while the original owner (or insurer, if the vessel was insured) continues to have an interest in it, the salvor or finder will generally get the majority of the value of the property. While sunken ships from the Spanish Main (such as Nuestra Señora de Atocha in the Florida Keys) are the most commonly thought of type of treasure salvage, other types of ships including German submarines from World War II which can hold valuable historical artifacts, American Civil War ships (the USS Maple Leaf in the St. Johns River, and the CSS Virginia in Chesapeake Bay), and sunken merchant ships (the SS Central America off Cape Hatteras) have all been the subject of treasure salvage awards.[citation needed] Due to refinements in side-scanning sonars, many ships which were previously missing are now being located and treasure salvage is now a less risky endeavor than it was in the past, although it is still highly speculative.

This from a previous court case:

The US Supreme Court never heard the appeal over the Spanish shipwrecks JUNO and LA GALGA. The decision that the sunken vessets still belong to Spain was made by the Fourth Circuit Court of Appeals, in Richmond, Virginia. (The 4th Court of Appeals awarded the treasure to Spain.)

What the Supreme Court DID rule--and in a rare, unanimous decision over the California gold rush shipwreck BROTHER JONATHAN--was that if the sovereign (in that case, the State of California) did not have actual possession of the shipwreck, it could not prevent a finder from conducting salvage operations under the protection of the United States District Court. The Supreme Court explicitly recognized that this rule also applies to the federal, or US, government and to foreign sovereigns like Spain.

What does this mean? Unless the sovereign has discovered a particular shipwreck and taken measures to protect it, that sovereign cannot interfere with the finder's right to conduct salvage operations. For an historic shipwreck, such recovery operations must be conducted with due regard for archaeology--i.e., a carefully documented excavation and conservation of the artifacts salvaged.

Thus, if one were to discover a previously-unknown Spanish shipwreck and had that vessel placed under federal admiralty arrest, that salvor could continue his recovery operations to their completion. AFTER all salvage has been completed will the court address the question of ownership. If the shipwreck is deemed abandoned (i.e., the previous owner cannot be found or makes no claim to the vessel or its cargo) AND the shipwreck is found outside of state waters (and not in a national park, marine sanctuary, etc.), then the law of finds, or "finders, keepers" applies.

If, on the other hand, Spain intervenes in the admiralty arrest and claims ownership of the vessel and/or its cargo, the finder is paid a liberal salvage award out of the proceeds of the materials and artifacts recovered, with any remainder remaining the property of Spain.

There are, of course, countless variables and circumstances that can affect this response and the legal situation relevant to a particular shipwreck. In the case of any undersea discovery of potential value and/or historic or archaeological significance, it is wisest to consult with an attorney with expertise in this somewhat arcane arena of admiralty or maritime law.

Linkback:

You are not allowed to view links.
Please Register or Login

http://www.thunting.com/smf/index.php/topic,7238.msg185726.html#msg185726