[meteorite-list] Ownership Claimed for Asteroid 433 Eros

From: Ron Baalke <baalke_at_meteoritecentral.com>
Date: Thu Apr 22 10:27:45 2004
Message-ID: <200311081836.KAA19685_at_zagami.jpl.nasa.gov>

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 media_at_orbdev.com
Received on Sat 08 Nov 2003 01:36:50 PM PST