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Military Rights Vs. Civilian Rights Term Paper

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¶ … Devastator The case is simple. Doug Champlin, a collector an owner of an airplane museum in Arizona, spent $130,000 to recover a sunken Navy RBD-1 Devastator off the coast of Florida. The plane had been lost more than 50 years prior to the salvage effort, and as such, Champlin felt that the plane belonged to him. However, the 11th U.S. Circuit Court of Appeals ruled that since Congress had not officially abandoned the plane, that it still belonged to the government, and had to be turned over to the Navy. Champlin felt that if he has to give the plane to the Navy, the least they can do is reimburse...

This scenario raises a couple of questions.
First, whether or not the government should be subject to the same rules and regulations concerning property as civilians. The answer is no. Special rules must be applied given that the property utilized by the government isn't owned by a single entity, but by the American people as a whole. Each citizen contributed to the purchase and operation of that airplane, and as such, it is only right that Congress, as a representative body of the people, make the decision whether or not to abandon it. In these cases, the 'Finders Keepers…

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References

Adams v. Unione Mediterranea di Sicurta. 2000, Aug. 14. Admiralty and Maritime Law Guide. May 26, 2004 http://www.admiraltylawguide.com/circt/5thadams.html.

Bouckaert, Boudewijn. Original Assignment of Private Property. 1999. FindLaw.com May 26, 2004 http://encyclo.findlaw.com/1100book.pdf.
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