[meteorite-list] Ownership Claimed for Asteroid 433 Eros

From: David Freeman <dfreeman_at_meteoritecentral.com>
Date: Thu Apr 22 10:27:45 2004
Message-ID: <3FAD4683.9080504_at_fascination.com>

Dear All,
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 <baalke_at_zagami.jpl.nasa.gov> 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 media_at_orbdev.com
>
>
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Received on Sat 08 Nov 2003 02:39:47 PM PST