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<p>[QUOTE="medoraman, post: 1020173, member: 26302"]Yes out West water and mineral rights were commonly sold off separately from the land. Courts have mostly ruled, though, that any human made item is not part of mineral rights, but beling to the surface owner, as mineral rights are held to be naturally occurring minerals. So, even when you do not own your water or mineral rights, the owner of the surface rights to the land own any coins found in that land. The land I own is in the midwest so I own ALL rights, like most of the US. Either way, I have never heard of "treasure rights" being separated from surface rights anywhere in the US.</p><p><br /></p><p>I do not know how Fisher won, but Maritime law is its own branch, with the US inheriting British precedents and abiding by international conventions, so it would take a specialized lawyer to know what is going on, and understand why Fisher won and others have lost. I do know the original owner has to have been deemed to abandon the wreckage, which itself is an entire lawsuit process. This is where Spain has won recently, fighting the notion that they ever abandoned the wreck. Between that and the exact legal location of the wreck and the political history of that region all come into play for maritime claims. Too time consuming for me to try to understand competently. The point is Maritime law is different than land law, and the US has strong property rights, and no rights of the US government to claim assets found on private property, like most other countries do.[/QUOTE]</p><p><br /></p>
[QUOTE="medoraman, post: 1020173, member: 26302"]Yes out West water and mineral rights were commonly sold off separately from the land. Courts have mostly ruled, though, that any human made item is not part of mineral rights, but beling to the surface owner, as mineral rights are held to be naturally occurring minerals. So, even when you do not own your water or mineral rights, the owner of the surface rights to the land own any coins found in that land. The land I own is in the midwest so I own ALL rights, like most of the US. Either way, I have never heard of "treasure rights" being separated from surface rights anywhere in the US. I do not know how Fisher won, but Maritime law is its own branch, with the US inheriting British precedents and abiding by international conventions, so it would take a specialized lawyer to know what is going on, and understand why Fisher won and others have lost. I do know the original owner has to have been deemed to abandon the wreckage, which itself is an entire lawsuit process. This is where Spain has won recently, fighting the notion that they ever abandoned the wreck. Between that and the exact legal location of the wreck and the political history of that region all come into play for maritime claims. Too time consuming for me to try to understand competently. The point is Maritime law is different than land law, and the US has strong property rights, and no rights of the US government to claim assets found on private property, like most other countries do.[/QUOTE]
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