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lost, misplaced, and abandoned property

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Finders Weepers, Losers Keepers
The News Journal, July 20, 2000.

In 1943, During World War II, a Navy TBD-1 Devastator crashed eight miles of the coast of Florida. The entire crew survived and there is no indication that any efforts were made to locate the plane by the Navy. Collector Doug Champlin, the owner of an airplane museum in Arizona, spent approximately $130,000.00 to recover the plane. The problem has to do with ownership. He claims to be the owner of the lost/abandoned plane. The Navy claims ownership and wants to put the plane in the National Museum of Naval Aviation at Pensacola, Naval Air Station. The TBD-1 Devastator has significant historical value as no Devastators survived the war.

The 11th U.S. Circuit Court of Appeals recently ruled that only Congress can order the abandonment of federal property. Hence the Navy owns the plane. Mr. Champlin doesn't mind giving the plane back to the Navy; he just wants to be reimbursed. The Navy is hesitant to pay and Mr. Champlin is considering an appeal to the Supreme Court.

1. What are the differences among lost, misplaced, and abandoned property?

2. Putting aside the fact that this plane is federal property, is this plane lost, misplaced, or abandoned?

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What are the differences among lost, misplaced, and abandoned property

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Property is generally deemed to have been lost if it is found in a place where the true owner likely did not intend to set it down, and where it is not likely to be found by the true owner. For example, a necklace found lying on the ground will be deemed to have been lost. At common law, the finder of a lost item could claim the right to possess the item against any other person in the world except the true owner.

Property is generally deemed ...

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Sandeep Bardia, MBA
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  • MBA, Rochester Institute of Technology
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