I make a brave prediction that in my lifetime left, that I will see private corporations landing and harvesting minerals, gems, SOMETHING from other places besides Earth (how about like a ton of Moon rock, what would that bring today?), and I also predict that anyone that can get a legal foot in the door early WILL be able to reap financial gain from setting a legal precedence for this in some fashion or another. Or, maybe their great great grand children will.
In law, even outer space law, precedence to cite in a legal battle is half the battle. My grandpa used to say, "Ludicrous today... lucrative tomorrow"!
Make mine a big pallesite asteroid, name it "Dave" after "Hall's" brother! Best, Dave Freeman eBay user ID mjwy ...auctions going bid crazy!
Steve Schoner wrote:
Absolutely ridiculous litigation.
Any judge in his right mind will throw this one out.... if anything grant the claim to the government as it was their probe that landed not Neimitz. (They ought to send him there to make his claim, but he would have to pay his way back after planting his personal coat of arms Eros.)
Stupid litigation.
We have not even gotten to opening the "New Frontier" for the public domain to take over.
Making claims now, when the actuality of possession being a hundred years into the future...
Stupid.
This one should go down in the annals of stupid U.S.lawsuits.
Like in the same category as the recent one I heard, "PTSS" A class action lawsuit filed against the US government for "Post Traumatic Slavery Syndrome" for having allowed slavery before the Civil War.
U S lawyers have got too much time...
Geezzz... what next?
Steve Schoner/ams
n Baalke <[EMAIL PROTECTED]> wrote:
FOR IMMEDIATE RELEASE Carson City, Nevada November 6, 2003
Orbital Development (www.orbdev.com) of Carson City, Nevada announced that legal action was begun in its "Eros Project" (www.erosproject.com) against the United States by filing a Complaint for Declaratory Judgment in Federal Court today.
Asteroid 433, Eros is lawfully owned by Gregory W. Nemitz since March 3, 2000. Orbital Development is managing the "Eros Project for Space Property Law" for Nemitz. The Project was begun to require the US government to officially recognize his ownership of that asteroid. Nemitz estimates his property's value to be more than US$10 trillion.
When NASA permanently landed its NEAR Shoemaker spacecraft on Eros on February 12, 2001, Nemitz sent an invoice to NASA for parking and storage fees of $20, to pay for one full century of rent. Citing its interpretation of the United Nations' Outer Space Treaty of 1967, NASA refused to pay the invoiced amount.
Official Notice was then sent to the United States Department of State informing the agency that NASA had exceeded its authority and had denied Nemitz of his Rights. The Department of State officially responded on August 15, 2003 by also citing its interpretation of the Treaty, that Nemitz's "claim is without legal basis."
The Complaint for Declaratory Judgment was filed in the United States District Court, District of Nevada in Reno, Nevada on November 6, 2003. The Complaint alleges that Nemitz was denied his Fifth, Ninth and Tenth Amendment rights protected by the Constitution. Nemitz asserts in the Court filings that "no treaty has ever abrogated, overthrown, or amended constitutional law" The suit is seeking $1,107 in damages, rulings to overturn the NASA and Department of State conclusions, and a ruling that Nemitz's Claim to ownership of the asteroid is a Lawful and valid Claim.
The central issue of the case submitted to the Court is "Treaty vs. the Natural, Inherent Rights of Man" to acquire and own property. The side issue of whether actual possession is required prior recognized ownership, is moot in this regard. US District Judge Howard D. McKibben has been assigned to the action.
When asked why he is taking the United States Government court, Nemitz stated, "As basic principle, the very foundation of all government action resides in the social contract among those governed, which allows their government officials to act towards protecting individual and property rights. If any government, or treaty to which a government adheres, rules private ownership of private property in Space to be unlawful, they will have lost all their legitimate footing to be a government of, for, and by the People who view Space as a Frontier. We need to know where the U.S. government stands on this critical issue."
On November 21, 2003, Nemitz will speak about Space Property Law and Property Rights in Space at the International Lunar Conference in Hawaii (www.spaceagepub.com). His presentation is "Developing Property Claims and Asteroid Eros".
Contact & Interview Information: Orbital Development, Gregory Nemitz, President Tel: 775-450-6144 www.erosproject.com Fax: 413-460-6480 [EMAIL PROTECTED]
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