NOTE: Free essay sample provided on this page should be used for references or sample purposes only. The sample essay is available to anyone, so any direct quoting without mentioning the source will be considered plagiarism by schools, colleges and universities that use plagiarism detection software. To get a completely brand-new, plagiarism-free essay, please use our essay writing service.
One click instant price quote
Personal Legal Perspectives What are the differences among lost, misplaced, and abandoned property? Abandoned property is possession intentionally disposed of or else voluntary relinquishment of property. Abandoned property goes to finder. Lost property is possession unintentionally left by its proprietor or involuntarily parting where owner had no intent to part with it and doesnt know where it is. The finder of lost property holds it as a bailee, in trust for the benefit of the true owner. Misplaced property is property intentionally left somewhere by owner where he can control it but then forgotten by its owner or moved by someone else if property owner cannot be found, the owner of the place where it was misplaced has better title. (Legal Definition of Property) 2) Putting aside the fact that this plane is federal property, is this plane lost, misplaced, or abandoned?
Massachusetts, like every other state, has a process whereby abandoned property is turned over to the state. The origin of unclaimed property dates back to British common law when abandoned land was returned to the king. Today, states apply this concept to all-intangible property and tangible property, other than real estate. States do not take permanent title of the property but instead act as custodians to safeguard it for the rightful owners or their heirs to claim it.
Most states do not have a time limitation for owners or heirs to file a claim. Abandoned Property Statutes do not apply to federal own assets or property. Found property can come under a few different categories. This particular aircraft would normally come under the heading of abandoned private property, as the owner, the United States Navy, made no further attempts to recover this lost property. (Norman-Eady, 2001) 3). Should the federal government have special rules, or should federal property be subject to the same laws / rules /regulations as private property? The federal government though, has recognized the need for special rules regarding its mislaid, lost or abandoned property.
It has instituted The Naval Air System Command Fact Sheet of May 1987, which states that Navy aircraft belong to the Government of the United States until the Navy determines their disposition. This was enacted for several reasons. The first is the governments need to preserve national security. Consider this example, the U. S. military could not locate an un-detonated nuclear warhead, and thus abandoned the search.
A private party then locates this warhead and puts it on the open market for sale. The U. S. government would consider this a case of national, and maybe world, security.
Just the same, mislaid, lost, or otherwise abandoned material, though not necessarily directly a case of national security could be material that was dangerous to the finder, or the general public, if exposed to it. The Federal government also has the responsibility to maintain ownership of its historic aircraft in order to preserve the nation's heritage in naval aviation. 4). Do you think that Mr. Champlin should have consulted with the Navy before spending his time and money on this project?
First of all the military have to recover or search for what they consider their missing property as much as they can. If the military decided not to search for that plane or their property, they consider it a lost cause for them. Basically if you decide to leave a piece of your property in a location without any regards of recovering then anyone can claim it for themselves. So Mr. Champlin did not have to consult the Navy for the rescue of their plane.
He had his motivate to find that plane and he did use his money to find the plane. Now it is wrong for the Navy for trying to take it back after he used his own money not the government to find a plane of the military, that's unethical of the military. 5) Should he (or the general public for that matter) have known about this special rule regarding federal property? Every person in the United States should be aware of the laws, plus if the person does not know the laws or "special rules" of federal property then there should be a message pass to the public about it. Its funny how there is "special rules" for anything that has a connection with the government.
There are special rules only if it pertains to the government but if it does not pertain to them than it is ok. 6) Consider whether there should be a time limit or statute of limitations regarding the forfeiture or non-forfeiture of title. Also consider whether property should be considered lost or abandoned by the failure to protect or attempt recovery of the property. Mr. Champlin somehow gather sufficient amount of money to rescue a Navy TBD- 1 Devastator when it crashed eight miles of the coast of Florida when the Navy did nothing to recover their property.
Mr. Champlin did what any proud American or anyone would do when a priceless artifact if left behind without any type of search to retrieve the property. It is clear that he would gladly return the property to the Navy after he used his own finance to search for the missing aircraft. The Navy itself can manage to find it using their own money, but in return he wants to be reimbursed for the trouble he went in rescuing the missing plane. Now the question is, why the government is being resistant to give Mr.
Champlin the money he spent in for finding the last TBD- 1 Devastator plane, when they did nothing to search for it in the first place. 7) Is the Navy being unjustly enriched if he gets nothing? The Navy would be unjustly enriched if they do not give him a salvage award. They could have done this salvage themselves if the had wanted. It was only after Mr. Champlin salvaged the Devastator that the U. S.
Navy wanted the salvaged Devastator. Mr. Champlin should get an award on this salvage if he did everything correctly before the salvage began. 8) Are there any other theories that the class can come up with to secure repayment on his behalf? Mr. Champlin should have a salvage award for the time and money spent salvaging the TBD- 1 Devastator.
The US Navy would have spent this much if they had salvaged it themselves. According to the Salvage Law the basic purpose is to encourage recovery of property lost at sea so that the property can be returned to commerce. In this instance it is an archaeological salvage. Giving the sailors a right to compensation for services rendered, on behalf of the owner to the property encourages Salvors. The salvage award can never be greater than the value of the salvaged property and will always be substantial lower except in the case of abandoned or derelict property. Where substantial values are (involved, awards tend to be under 20 % of the value of the property. (Admiralty and Maritime Law) 9, 10) Consider what this rule might mean to businesses, particularly those that contract with the government.
Consider, for example, a store or outlet that purchases federal / military surplus. What provisions might they need to include in a contract that might not be required in a typical commercial or consumer contract? When companies are considering purchases from the U. S government there are some restrictions for qualification on purchases for resale or personal property use. The government entity Defense Reutilization and Marketing Service (DRMS) is a primary level field activity of the Defense Logistics Agency (DLA).
Its mission is to provide the Department of Defense (DOD) with services for the disposal of material no longer needed for national defense, in which they awarded an extended contract to Government Liquidation, LLC to act as the purchaser and re-seller of the military surplus. (DRMS global security) The products that a federal / military surplus store or outlet may purchase may vary from location to location and its availability as it is purged from military inventories. It is purchased though bids, auctions, and negotiated sales, in contrast to regular distribution channels of typical commercial and consumer contracting. (DRMS global security) There are many considerations or provisions a military surplus outlet may need to include in their contract with government agencies or resale agents before making those transactions. Such as which military surplus item or lots you may choose to purchase, certain military offensive or defensive items may be subject to export restrictions imposed by applicable U. S. Laws and Regulations. Some property with certain classification require END-USE-CERTIFICATE (EUC) to complete the transaction, which is a process for approval by Trade Security Control (TSC) and no property will be released or removed until all certificates are filed and the property has been cleared for release. (GL, Terms of Sale) It is also necessary for the Purchaser to possess the necessary permits, licenses and authorization required by their local government, to allow for resale and demilitarization of federal / military surplus within its region.
They must also have the capability and facilities to perform the operations required by the contract. Some of the items available for purchase cannot be removed from government premises until the purchaser properly demilitarizes it and approved by the Sales Contracting Officer/Plant Clearance Officer or his authorized representative. The purchaser also agrees to pay all costs incurred in the demilitarization process and the government reserves the right to further demilitarize the items as it sees fit. (DOD DEMIL) The U. S. Government reserves the right for all authorized Government representatives to enter the premises to inspect the property and facilities of any Purchaser or subcontractor for purposes of inspection of end use of the purchased property. (DOD DEMIL) This can be in contrast to a consumer or commercial contract where a warrant may be required to enter the premises of the purchaser or subcontractor. At anytime before, during and after the purchase the purchaser must allow U.
S government the free access and assistance required conducting a reasonable search of the equipment; instrumentality's and records of the Purchaser, and / or its agent, representative, assignee, and / or vendee. There are many things to take into careful consideration as seen here in writing a well thought out contract between the purchaser, potential clients and the U. S. government (Cheeseman, H. 2003). References: The Adjective Misplaced, Retrieved 10 / 28 / 04, web Admiralty and Maritime Law: Salvage, Retrieved 10 / 28 / 04 web Appendix 6, Sales Terms and Conditions for Department of Defense Excess, Surplus and Foreign Excess Personal Property Requiring Demilitarization and / or Trade Security Controls, DoD DEMIL, Retrieved 10 / 28 / 04, web Cheeseman, H. 2003 Contemporary Business; E-Commerce Law, Fourth Edition, Chap. Prentice Hall, Inc.
Upper Saddle River, New Jersey Defense Reutilization and Marketing Service (DRMS) by globalsecurtiy. org, Retrieved 10 / 28 / 04, web Grant, D. and Neyland, R. S. , DEPARTMENT OF THE NAVY -- NAVAL HISTORICAL CENTER, 2001, Retrieved 10 / 28 / 04 web Government Liquidation, Terms and Conditions of Sale, Retrieved 10 / 28 / 04, web Legal Definition of Property, Retrieved 10 / 28 / 04, web Norman-Eady, S. (2001) Abandoned Property, Retrieved Apr 10 / 28 / 04, from web National Register of Health Service Providers in Psychology, Retrieved 10 / 28 / 04 web The Weekly Fisherman (2002) Abandoned or Lost: The Big Difference, Retrieved 10 / 28 / 04 from web
Free research essays on topics related to: federal government, private property, u s government, legal definition, personal property
Research essay sample on U S Government Legal Definition
