Finders Weepers, Losers Keepers

Finders Weepers, Losers Keepers

In the United States, the law clearly distinguishes the meaning between lost, misplaced, and abandoned property. According to the basic definitions of abandoned, misplace/mislaid and lost property, there is a clear differences between the three. Property is said to be abandoned if the “owner has discarded with the intent to relinquish his or her rights in it and mislaid or lost property that the owner has given up any further attempts to locate” (Cheeseman, pg 955). Whereas, property is considered misplace/mislaid when “an owner voluntarily places property somewhere and then inadvertently forgets it” (Cheeseman, pg 971). Finally, property is defined as lost “when a property owner leaves property somewhere because of negligence, carelessness or inadvertence” (Cheeseman, 970).

One can see by the definitions that there is one main difference between the three states. With misplace/mislaid property and lost property; the owner may not have intended to give up the item. Both of these can be caused by carelessness with the property and not by an intentional act. However, abandoned property suggests that the owner deliberately left the property without any intention of reclaiming it. So, it is the intent towards reclaiming the property that truly defines whether the property is lost, misplace/mislaid or abandoned.

Property is said to be abandoned if the original owner of said property intentionally leaves it unattended in a condition where they have no intent to retrieve it. Some states have implemented laws to where certain type of property belongs to the state. Property is determined to be lost when it is found by someone who is not the original owner finds property of someone else who unintentionally left it there. Many states now have laws that require the finder of lost property turn it in and if no one comes to claim it within a certain time then it will then belong to the finder of the property.

In the case of Mr. Chapmplin vs the 11th U.S. Circuit Court of Appeals, even though the plane is federal property they knew the whereabouts of the plane and decided not to pursue in the recovery of the plane. Therefore the plane should be justified as abandoned property. The federal government should have special rules to govern certain property because there are certain information that could be compromised if it fell in the wrong hands. Moreover, the United States of America is the land of the free and the home of the brave. However, there is a significant cost for our freedom and liberties as citizens of the United States.

Our forefathers implemented a democracy for the United States. Within our democracy form of federal government, we have three branches. They are: 1) the Executive branch, the President; 2) the Legislative branch, the US House of Representatives and the US Senate; and 3) the Judicial branch, the Supreme Court. Qualified US citizens can partake within our democracy within any level of the three branches, if elected or appointed. Our matter falls within purview of the US House of Representatives or Congress.

Our legislative branch decides our laws, our executive branch enforces our laws, and the judicial branch interprets our laws. Congress has both enumerated powers and implied powers. Our Congress is very much like an eight hundred pound gorilla. Why, because where does an eight hundred pound gorilla sleep? Answer: anywhere he wants too! Just as our Congress has the power to do anything it wishes to do.

Mr. Champlin should have consulted with the Navy before spending his time and money on his project because he knew who the owners of the property were. He should have asked them if he could retrieve their property and waited for a response or clearance before proceeding to recover the abandoned property. The public should have some type of information as to what the government is going to do with property if it compromises with the public facilities or natural resources such as waste disposal or endangered species. The Federal Government should have a time limit to either retrieve or