David G. Brown
RIP
If I write much about this topic you will have the rare opportunity of visualizing me opening my mouth to change feet.
My understanding is that the salvor never gains rights of ownership unless he purchases them. The original owner maintains those rights. Once the salvage is complete, the owner must pay the salvor for his work. Courts are very lenient regarding how much pay they award. This is done as an incentive to encourage salvors. Until he is paid, the salvor has a lien on the property in the amount of his cash award.
The survivors of a marine disaster cannot stop salvage. After all, the vessel may be leaking some toxic substance, or it may be a hazard to navigation. Under these circumstances, even if the ship were a "graveyard," it would have to be salvaged. Emotions have little standing under Admiralty law. If the survivors (or surviving heirs) have any rights, it would be to the ownership of the personal property lost in the shipwreck. As I understand it, if a salvor were to find the "Heart of the Ocean," it would still belong to Rose.
Ships which sink within territorial waters raise more complicated issues. Many nations (including the United States) pass ownership of a sunken ship to some governmental entity. I know of a case here on the Great Lakes where a woman has been trying to raise her father's tugboat for years and is being fought by the "historic preservationists."
Now, I'm going to quit while I before I reveal my full ignorance of salvage law.
-- David G. Brown
My understanding is that the salvor never gains rights of ownership unless he purchases them. The original owner maintains those rights. Once the salvage is complete, the owner must pay the salvor for his work. Courts are very lenient regarding how much pay they award. This is done as an incentive to encourage salvors. Until he is paid, the salvor has a lien on the property in the amount of his cash award.
The survivors of a marine disaster cannot stop salvage. After all, the vessel may be leaking some toxic substance, or it may be a hazard to navigation. Under these circumstances, even if the ship were a "graveyard," it would have to be salvaged. Emotions have little standing under Admiralty law. If the survivors (or surviving heirs) have any rights, it would be to the ownership of the personal property lost in the shipwreck. As I understand it, if a salvor were to find the "Heart of the Ocean," it would still belong to Rose.
Ships which sink within territorial waters raise more complicated issues. Many nations (including the United States) pass ownership of a sunken ship to some governmental entity. I know of a case here on the Great Lakes where a woman has been trying to raise her father's tugboat for years and is being fought by the "historic preservationists."
Now, I'm going to quit while I before I reveal my full ignorance of salvage law.
-- David G. Brown