43 U.S.C. § 2106
Relationship to other laws
The law of salvage and the law of finds shall not apply to abandoned shipwrecks to which section 2105 of this title applies.
This chapter shall not change the laws of the United States relating to shipwrecks, other than those to which this chapter applies.
This chapter shall not affect any legal proceeding brought prior to
Notes of Decisions
Cited in 16
cases, 1990–2013 · leading case: Deep Sea Rsch., Inc. v. Brother Jonathan, 883 F. Supp. 1343 (N.D. Cal. 1995).
Deep Sea Rsch., Inc. v. Brother Jonathan, 883 F. Supp. 1343 (N.D. Cal. 1995). “” 43 U.S.C. § 2106 (b). Consequently, the law of admiralty applies to this action and the State’s motion to dismiss will be denied.”
Fairport Int'l Expl., Inc. v. The Shipwrecked Vessel Known as the Captain Lawrence, in Rem, the State of Michigan, Intervenor-Appellee, 105 F.3d 1078 (6th Cir. 1997). “Finally, the statute provides, “[t]he law of salvage and the law of finds shall not apply to abandoned shipwrecks to which section 2105 of this title applies,” 43 U.S.C. § 2106 (a), although “the laws of the United States relating to shipwrecks” shall continue to apply in cases…”
Ne. Rsch., LLC v. One Shipwrecked Vessel, 729 F.3d 197 (2d Cir. 2013). “See 43 U.S.C. § 2106 (a) (“The law of salvage and the law of finds shall not apply to abandoned shipwrecks to which section 2105 of this title applies.”
Ne. Rsch., LLC v. One Shipwrecked Vessel, 790 F. Supp. 2d 56 (W.D.N.Y. 2011). “43 U.S.C. § 2106 (a) (“the law of salvage and the law of finds shall not apply to abandoned shipwrecks to which section 2105 of this title applies.”
Great Lakes Expl. Grp., LLC v. Unidentified Wrecked & (For Salvage-Right Purposes) Abandoned Sailing Vessel, 522 F.3d 682 (6th Cir. 2008). “1999) (citing 43 U.S.C. § 2106 (a)). Consequently, under the ASA, “[i]f a diver now discovers a long-lost ship embedded in the submerged lands of a State, a finding of abandonment leaves the diver with neither title nor a salvage award.”
Deep Sea Rsch., Inc. v. Brother Jonathan, 102 F.3d 379 (9th Cir. 1996). “43 U.S.C. § 2106 (a). Instead, these wrecks are governed by the provisions of the ASA.”
Zych v. Unidentified, Wrecked & Abandoned Vessel, Believed to Be the SB \Lady Elgin\"", 746 F. Supp. 1334 (N.D. Ill. 1990). “Also significant for purposes of this case is 43 U.S.C. § 2106 (a), which provides, “The law of salvage and the law of finds shall not apply to abandoned shipwrecks to which section 2105 of this title applies.”
Yukon Recovery, l.l.c.,plaintiff-appellant v. Certain Abandoned Prop., in Rem, Ocean Mar, Inc., Claimant-Appellee, 205 F.3d 1189 (9th Cir. 2000). “43 U.S.C. § 2106 (a). 15 . 924 F.Supp. 714, 720 (E.”
People ex rel. Illinois Historic Pres. Agency v. Zych, 687 N.E.2d 141 (Ill. App. Ct. 1997). “” 43 U.S.C. § 2106 (a) (1988). Furthermore, the Act was effective only to legal proceedings brought after April 28, 1988.”
Sunken Treasure, Inc. v. Unidentified, Wrecked, & Abandoned Vessel, 857 F. Supp. 1129 (D.V.I. 1994). “43 U.S.C. § 2106 (a). Inasmuch as these two doctrines provide abandoned shipwreck salvors and finders with what is effectively their sole basis for stating a claim under the laws of admiralty, this exclusion effectively divests federal courts of jurisdiction over disputes…”
Trueman v. the Historic Steamtug New York, 120 F. Supp. 2d 228 (N.D.N.Y. 2000). “” 43 U.S.C. § 2106 (a). Consequently, any claim based on the law of finds cannot effect Plaintiff’s title to the New York.”
Fathom Expl., LLC v. Unidentified Shipwrecked Vessel or Vessels, 857 F. Supp. 2d 1269 (S.D. Ala. 2012). “” 43 U.S.C. § 2106 (a). Simply put, “a state acquires title to a shipwreck under the ASA, when the wreck is: (1) abandoned and (2) falls under one of the three enumerated categories .”
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