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Who owns shipwrecks, "derelict" shipwrecks, historical shipwrecks, etc.?
In 1987 the United States Congress passed the Abandoned Shipwreck Act of 1987. The Act provides that the United States has title to all abandoned shipwrecks found in U. S. waters within the 3-mile limit; however, the U. S. Government then passes title to the state in whose waters the shipwreck was located. If the shipwreck is outside of the territorial waters, then the general admiralty law applies.
In order for someone to recover as a finder, and for ownership to transfer, she must prove that the shipwreck has been intentionally and positively abandoned by its original owners. If it has not been abandoned by its original owners, then the person recovering either the vessel or its contents would be treated as a salvor and would be entitled to a portion of the value retained.
The United States has taken the position, and it is generally accepted in maritime law, that a sovereign government never abandons its vessels or aircraft. Thus, whenever a military wreck is discovered, whether it be a vessel or a plane, the United States still asserts its ownership interest. However, in a recent Federal Court case involving salvage rights to a submerged World War II Navy plane allegedly in 500 feet of water less than one mile off the coast of Miami the court rejected the Navy's claim and sided with the private salvor. This was an important case for those interested in salvaging the many scattered World War II Navy planes on the bottoms of Lake Michigan and Lake Washington. |
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