H2Andy
Contributor
i can't help you on the specifics, but basically, unless the wreck is protected (i.e. owned by the state or the federal government), it is likely a derelict:
A "derelict" is a vessel that has been left by its crew that has no intention to return and no hope of recovery. However, even when a vessel is "abandoned" and left without intention to return, the vessel remains the property of its owner absent some affirmative act by the owner that clearly and convincingly establishes a positive intent to part with ownership.
http://law.freeadvice.com/admiralty_maritime/salvage_and_treasure/abandoned_vessel.htm
you could also see if the law of "finds" applies.
the law of finds: if the law of "finds" applies, then the finder actually obtains possession and ownership of the property. in the case of a "find" the finder takes title to the property free and clear of all other claims. the law of finds usually applies to long-lost wrecks that have been submerged for quite a while. i am not sure if a half-sunk wreck in inland waters would trigger the law of finds
http://law.freeadvice.com/admiralty_maritime/salvage_and_treasure/law_of_finds.htm
please consult with a Louisiana attorney familiar with these issues.
i am by no means an expert on maritime law, but i believe the Act only applies to shipwrecks (i.e. submerged vessels abbandoned by their owner). i am not sure it would apply to a vessel stuck in the mud and not completely submerged.
not sure on that, though
A "derelict" is a vessel that has been left by its crew that has no intention to return and no hope of recovery. However, even when a vessel is "abandoned" and left without intention to return, the vessel remains the property of its owner absent some affirmative act by the owner that clearly and convincingly establishes a positive intent to part with ownership.
http://law.freeadvice.com/admiralty_maritime/salvage_and_treasure/abandoned_vessel.htm
you could also see if the law of "finds" applies.
the law of finds: if the law of "finds" applies, then the finder actually obtains possession and ownership of the property. in the case of a "find" the finder takes title to the property free and clear of all other claims. the law of finds usually applies to long-lost wrecks that have been submerged for quite a while. i am not sure if a half-sunk wreck in inland waters would trigger the law of finds
http://law.freeadvice.com/admiralty_maritime/salvage_and_treasure/law_of_finds.htm
please consult with a Louisiana attorney familiar with these issues.
captndale:
i am by no means an expert on maritime law, but i believe the Act only applies to shipwrecks (i.e. submerged vessels abbandoned by their owner). i am not sure it would apply to a vessel stuck in the mud and not completely submerged.
not sure on that, though
