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Who has the rights? A case I attempted to salvage

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  1. Introduction
  2. The legal rules regarding the treatment of personal property
  3. Events and facts leading to litigation
  4. The US Constitution, Article IV, Section 3, Clause 2
  5. Laws concerning the salvage of property lost at sea
  6. The DoD Surplus Property Sales program
  7. Sample of a Clause to include in a contract
  8. References

Some of the US laws seem to exist solely in order to confuse and discourage us from petitioning or adequately defending against lawsuits. It certainly appears for every law there is, another law can be found repealing, invalidating or disallowing it, under ?special circumstances.' What becomes evident is that laws, no matter how logical or coherent they are, can be manipulated by the very governing powers that make them.?Special rules' regarding the ownership of federal government property are exemplified here, and the entire basis for the lengthy litigation that is the subject of this essay.The legal rules regarding ownership rights to property depend on whether the property is lost, mislaid or abandoned. (Cheeseman, 2005). The problem and substance of this case is, making the determination between the three, cannot be based simply on the rules concerning property, and discussed below. Consideration must be given to who owns the property, which will be evident shortly.

[...] United States of America, it states court explained that the law of salvage is intended to encourage rescue, and that when a ship is in distress and has been deserted by its crew, anyone can attempt salvage without the prior assent of the ship's owner or master.? The plane crashed in 1943. Any ?reasonable' person would believe a statute of limitation would apply. Even if there were laws pertaining to such actions years later, they certainly would be void. From the time of the crash in July of 1943, the government knowingly did nothing to locate, let alone salvage the wreck, or made any attempts to protect, recover or even find the property. [...]

[...] The US Constitution, Article IV, Section Clause (Property Clause) states that Congress shall have the Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States; and nothing in this Constitution shall be so construed as to Prejudice and Claims of the United States, or of any particular State.? United States Constitution.] While at first thought we felt the federal government should be subject to the same laws, etc. [...]

[...] Anyone who finds abandoned property has the right to claim it as his own. The preceding information was essential, as it established the underlying principle for the investigation of an incident resulting in ongoing court litigations and considerable scrutiny between parties who discussed this case. The more carefully all details of this case scenario were considered, the more variations began to surface. The following narrative is what occurred back in 1943, leading to different interpretations of how the laws are applied to government property. [...]

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