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.
Aside from the property question regarding ownership, is Mr.
Champlin entitled to any reimbursement for money spent? Is the Navy being
unjustly enriched if he gets nothing? Are there any other theories that the
class can come up with to secure repayment on his behalf?
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