Northeast Research, LLC v. One Shipwrecked Vessel
790 F. Supp. 2d 56
W.D.N.Y.2011Background
- Plaintiff NorthEast seeks title to an underwater vessel in Lake Erie under maritime law, and a salvage award if New York’s title claim fails.
- New York intervenes asserting title under the Abandoned Shipwreck Act (ASA), the Submerged Lands Act, and New York law.
- Magistrate Judge recommended granting New York summary judgment under ASA and denying salvage; plaintiff’s salvage claim would fail.
- Court concludes the Dunkirk Schooner lies on New York submerged lands and is abandoned, triggering ASA title to New York.
- If abandoned, ASA vests title in the state; salvage or finds law do not apply to such abandoned shipwrecks.
- Court addresses issues of abandonment under maritime law and ASA, Eleventh Amendment immunity, and alternative state-law bases for title and salvage.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Dunkirk Schooner is abandoned under ASA. | NorthEast argues abandonment can be inferred from circumstances. | New York contends abandonment shown by lack of efforts to salvage over 150 years. | Abandonment inferred; ASA applies, title to New York. |
| Whether Eleventh Amendment bars in rem jurisdiction. | N/A | State claims constructive possession; Eleventh Amendment immunity may bar suit. | Eleventh Amendment immunity does not bar where state lacks actual possession; but waiver occurs via counterclaim, so not dispositive. |
| Whether ASA governs title or whether state-law bases (Education Law, Public Lands, Navigation Law) apply. | If ASA inapplicable, plaintiff could win under state law; salvage possible. | ASA governs abandoned shipwrecks; if abandoned, New York owns; state-law bases secondary. | ASA applies; New York holds title; salvage award denied under ASA. |
| Whether Plaintiff is entitled to a salvage award against New York under state-law grounds. | Plaintiff argues for liberal salvage due to salvaging effort and artifacts. | Salvage not allowed due to abandonment and plaintiff’s conduct undermining public policy. | Salvage award denied; ASA precludes salvage for abandoned shipwreck. |
| Whether SLA, Education Law, or Public Lands Law alone can vest title in New York if ASA does not. | Plaintiff could recover title under state laws if ASA fails. | State-law claims lack support or are overridden by ASA; other bases insufficient. | ASA dispositive; alternative state-law claims not granting title; no salvage reward. |
Key Cases Cited
- California v. Deep Sea Research, Inc., 523 U.S. 491 (1998) (limits admiralty jurisdiction when state possesses the res; ASA governs abandoned wrecks with state title)
- Sea Hunt Inc. v. The Unidentified Shipwrecked Vessel or Vessels, 221 F.3d 634 (4th Cir. 2000) (articulates ASA title transfer to state where wreck is located)
- Columbus-America Discovery Group v. Atlantic Mut. Ins., 974 F.2d 450 (4th Cir. 1992) (abandonment may be inferred from circumstances under maritime law)
- Fairport Int'l Exploration v. Shipwrecked Vessel Captain Lawrence, 177 F.3d 491 (6th Cir. 1999) (discusses abandonment and ASA displacement of salvage/finds; presumption against abandonment)
- Treasure Salvors, Inc. v. Unidentified Wrecked & Abandoned Sailing Vessel Nuestra Senora de Atocha, 569 F.2d 330 (5th Cir. 1978) (historical debate on salvage vs. finds and approach to shipwrecks)
- Zych v. Unidentified, Wrecked and Abandoned Vessel, Believed to be SB Seabird, 19 F.3d 1136 (7th Cir. 1994) (discusses salvage vs. finds and preservation of wrecks)
- Trueman v. The Historic Steamtug New York, 120 F.Supp.2d 228 (N.D.N.Y. 2000) (discusses burden to prove abandonment under ASA)