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Bemis v. RMS LUSITANIA

Citations: 884 F. Supp. 1042; 1995 A.M.C. 1665; 1995 U.S. Dist. LEXIS 5068; 1995 WL 231348Docket: Civ. A. 2:94cv226

Court: District Court, E.D. Virginia; April 18, 1995; Federal District Court

Narrative Opinion Summary

This case involves a dispute over the ownership and salvage rights of the RMS Lusitania, a vessel torpedoed and sunk in 1915. F. Gregg Bemis, Jr. initiated legal proceedings in 1994, seeking title and salvage rights over the wreck. The court confirmed its jurisdiction and addressed claims from multiple parties, including Fifty Fathom Ventures, Inc. and Mrs. Light, who later settled her claim. Bemis established a chain of title to the Lusitania’s hull and appurtenances, but the court found that he did not possess the necessary control over the submerged cargo and personal effects to claim title under the law of finds. Additionally, Bemis's claim for a salvage award was denied due to insufficient ongoing operations. The court recognized abandonment of the cargo and personal effects, yet required possession for Bemis to establish ownership. Ultimately, while Bemis retained ownership of previously salvaged artifacts, he was denied exclusive salvage rights or rewards for the remaining submerged items. The court's decision was influenced by his limited role in past expeditions and the absence of continuous salvage efforts.

Legal Issues Addressed

Abandonment of Shipwrecked Property

Application: The Court inferred abandonment of cargo and personal effects due to the absence of claims over decades, but still required possession to establish title.

Reasoning: The Court rules that both the cargo and personal effects are considered abandoned and applies the law of finds, which states that title to abandoned property is acquired by the finder who takes possession and exercises control over it.

Chain of Title and Conveyance

Application: Bemis established a complete chain of title to the Lusitania's hull and appurtenances, but the title to the cargo and personal effects was not included.

Reasoning: The Court concluded that Bemis established a complete chain of title, though the specific details of what was conveyed remain unclear.

Jurisdiction over Shipwrecks

Application: The Court asserted its jurisdiction over claims related to the RMS Lusitania, including title, salvage, and injunctive relief.

Reasoning: The Court asserted its jurisdiction for claims related to title, salvage, and injunctive relief.

Law of Finds

Application: The Court applied the law of finds to grant Bemis title to an item he physically recovered but denied it for unpossessed cargo and personal effects.

Reasoning: The Court finds that Bemis has not demonstrated the necessary possession or control over the submerged cargo and personal effects required to establish title under the law of finds.

Law of Salvage

Application: Bemis's claim for a salvage award was denied due to insufficient ongoing salvage operations and lack of success in retrieving artifacts.

Reasoning: The Court concluded that Bemis does not possess the salvage rights for the shipwreck contents, as he is neither engaged in ongoing salvage operations nor demonstrated a reasonable chance of future success in salvage endeavors.