Posted by steve on January 28, 19100 at 13:21:28:
In Reply to: MARITIME LAW and the sudden rise if the state-confiscations. posted by steve on January 28, 19100 at 13:16:18:
Good intentions and worthy purpose does not necessarily guarantee good legislation. They may have a legitimate purpose in preserving "it's" historical and recreational artifacts, but the legal question remains is whether all property on the Great Lakes bottomlands qualifies for provincial/state "protection" as applied by the statute. Less than 1/4 of one percent, of the wrecks and wreckage has been ever discussed to date as needing protection. The argument centers only on one or two wrecks, not the remaining scrap. But he tried, any way.
This regulation in an attempt to regulate professional salvors is preemted by the United States Constitution and Federal Law/like wise up North by British Law. Salvors are under the jurisdiction of admiralty and maritime law and as such are permitted, mandated, to salvor in their area, irrespective of the arch's desire, and salvors are safeguarded by the Michigan Supreme Court precedent, the United States and Admiralty Court ruling, in perpetuity, to aid the salvors, in many instances.
In Michigan, Wisconsin, the local law allows 5% of their waters for parks (5% of the running shore line area exposed), if and when they extend outwards, to a depth of 150 feet, and salvage may be restricted to non-statutory person, within statutory recognized shipwreck preserves. The statutoty persons however, are excluded from this restriction.
In my list of 65 admiralty cases, I have just noted down, the most noted 6 cases are namely the: Treasure Salvors, Inc., v. Atocha, 408 F.Supp 907 & 569 F2d 330 & 458 US. 670, 73L. Ed 2d 1057, & at 693, 697, and the list goes on.
Mell Fisher prevailed in all his cases, set the standard for divers pursuant to the law, and earned $800,000,000.00 in underwater offshore finds for himself and company. Other 15 companies received favorable status. Now you know the rest of the story. The "arch's panniked and got envious, became devious, want a piece of the treasure. Fisher made a gift of 10% to the state, for protection and collaboration purposes. Now arch's are envious here, but the reason falters the law; they are prepared to get in the Act, at gun point, and charge you for the priviledge.
Upon this, I'd say: Don't be guided by bigger government, but by your freedom, your "family" history. Your freedom is more important than a police-state.
Any conquest by rule of dictums by a cadaver snatcher arch leads to less freedom, despite your glorious past history, loss of Heritage and dramatic increase for the police-state officers employment, once on a tranquil lake, once upon a time; a political move; and a likely and very unforunate possible murder of divers, as was evidenced, and proven, in Maine, Delaware, and Florida. Freedom is always hard to hold, easy to waist. Just be vigilant, and courageous.
Arbitrariness in granting or denying a permit at the police station is "well intentioned", but no guidelines that will assist assessment of the decisions justness are provided to the official who performs the review.
The Act does not survive constitutional scrutiny.
By definition of the supreme law of these lands, "IN TRUST TO....", referenced to "North and South" of the lakes equally; the Supreme Court of The United States already qualified every single Scuba Diver as a "Diver-Archaeologist" in his own right, despite his proficiency, as a non-statutory person in his Sovereingty, specially by British standards. These were officially recognized 3 years ago. It's official. You have the right, and the right of Contract, the state does not alter this right.
All property on the bottomlands less than 500 years old does not survive scrutiny, in "in trust of the people...", does not belong to the state. They are only temporary caretakers, like your gardener. More precisely, the salvage right did not evaporate and or vanished, preemted by federal admiralty law, and cases are easy to defend when assailed by statutory persons.
Mark Massey in 1979 salvaged an anchor of the Richard Winslow, got a $100.00 fine and a five years felony. The Army Corps of Engineers dynamited the wreck as obstruction, bacause it was a navigation hazard, at 45 foot depth. (Do you happen to know any boat with such a draft?) of all the excuses.
He was aquited in Appellate, based on salvage lien in admiralty. Decision was final. Therefore, mere passage of time standing alone is insufficient to prove abandonment, specially where family members lived and live, a company, or a country still lives, and can recoup it's property, for up to 500 years, as was the case on all the Spanish Treasure of off Luisiana and Texas, more presisely Padre Island coastal areas and beach. By looking at the law, Canadians pyrated/stolen/a fraud likely/ upon the Atlantic, the Scourge and the Hamilton, just because it lay there for a while out there, can be reversed, next few years, returning all of the artifacts to the original rightfull owners.
You better read the general policy: Public policy is to encourage volunteers in salvage of derelict, abandoned or distressed property and according salvage awards to successful salvors, for the scrap bellow, have traditionally been generous. Richard v. Pringle, 293F, Supp. 981, 985 (N.Y. 1968).
First free yourself from legal TYRANNY, or assault, then, only then, organize your own family history, and add as needed. Do not let any foreign or domestic power to dictate what your history was, or will be.