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Oregon Surf Shop Tim
Since 04 Feb 2008
70 Posts
Lincoln City Oregon
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 Fri Jun 11, 10 4:53 pm Found Kite |
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A guy came in to the shop today with a kite he said he found on the beach in South Tillamook County. Said it was pumped up and at the surf line when he found it.
He is of the opinion that it is a case of finders keepers and cited " marine time salvage rights". I gave him the "somebody lost it and I am pretty sure they would be super stoked to get it back" speech with limited results.
He said he had listed it on Craigslist and he left me his number, so if you lost it send me a PM with a description and I will give you his number and hopefully he can be persuaded to return it. |
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K4L
Since 19 Jan 2009
483 Posts
Obsessed
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| Fri Jun 11, 10 5:17 pm |
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Maritime salvage rights do not apply and are a lot more complicated than just claiming possesion...Finders keepers is BS IMHO and not legal. Finder of "lost" property has no claim against previous owner.
http://en.wikipedia.org/wiki/Lost,_mislaid,_and_abandoned_property
PUT YOUR NAME AND NUMBER ON YOUR EQUIPMENT!!!
You know someone lost it, if it was yours would you want it back? |
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Oregon Surf Shop Tim
Since 04 Feb 2008
70 Posts
Lincoln City Oregon
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| Fri Jun 11, 10 5:34 pm |
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| K4L wrote: | Maritime salvage rights do not apply and are a lot more complicated than just claiming possesion...Finders keepers is BS IMHO and not legal. Finder of "lost" property has no claim against previous owner.
http://en.wikipedia.org/wiki/Lost,_mislaid,_and_abandoned_property
PUT YOUR NAME AND NUMBER ON YOUR EQUIPMENT!!!
You know someone lost it, if it was yours would you want it back? |
I agree with you, I am only the messenger. |
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K4L
Since 19 Jan 2009
483 Posts
Obsessed
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| Fri Jun 11, 10 5:41 pm |
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Not shooting the messenger, just an FYI for those "finding" or "losing"gear |
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Moto
Since 03 Sep 2006
2698 Posts
Still a gojo pimp!
Moto Mouth
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| Fri Jun 11, 10 8:10 pm |
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he found the kite pumped up? Did it wash ashore? Not very many people are going to forget a pumped up kite.
_________________
Still rockin gojos, *ssless chaps, and ankle weights! |
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Oregon Surf Shop Tim
Since 04 Feb 2008
70 Posts
Lincoln City Oregon
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| Fri Jun 11, 10 8:27 pm |
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| Yeah,when he rolled in to the shop with it it was in a wet ball and the bridle was all tangled.No other lines attached. He found it north of sandlake atv area which is not exactly a kiteboarding mecca. ???? |
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lance_k
Since 04 May 2005
565 Posts
Hood River
Photographer
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sirmichaelo
Since 26 Mar 2010
353 Posts
Maui
Obsessed
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| Sat Jun 12, 10 1:19 am |
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I agree with the "PUT YOUR NAME AND NUMBER ON YOUR EQUIPMENT!!!"
This has saved my board 2 times and my kite 1 time. Hell, my board ended up on TOP of a sand dune many many many miles away from manzanita (where I lost it). Found by some dude in Portland on a random day hike in the middle of nowhere. And guess what... he called me. Buy a sharpie and spell out your number. Just remember to ink it out when you sell it just in case the kite ends up on on a freeway semi-truck or something.
Of course, 90% of everyone on this forum already know this stuff.
_________________
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Life is too short for second chances, although we do get many of them. |
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blowhard
Since 26 Dec 2005
2028 Posts
Windward
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| Sat Jun 12, 10 7:03 am |
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International Maritime Laws are different than land based laws
maritime laws apply to "mean higher high water" marks
If I remember correctly abandon vessels in immineint peril
can be 100% claimed |
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K4L
Since 19 Jan 2009
483 Posts
Obsessed
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| Sat Jun 12, 10 8:09 pm |
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When it comes to the law of the sea, it's not quite as clear cut as "finders keepers."
Whether the treasure is gold coins found in a sunken ship or a crate of goods washed ashore, what's up for grabs depends on where it's found and to whom it belongs.
The process is more Law and Order than Pirates of the Caribbean.
A key question is whether the discovery of goods is deemed salvage or treasure-hunting.
Salvage refers to when someone saves property drifting, lost or abandoned at sea. Under international conventions, the "salvor" is required to return the found goods to the original owner in return for a reward.
Read more: http://www.cbc.ca/world/story/2009/02/02/f-marine-law.html#ixzz0qheH7o8A |
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blowhard
Since 26 Dec 2005
2028 Posts
Windward
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| Tue Jun 15, 10 7:24 am |
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| K4L wrote: | When it comes to the law of the sea, it's not quite as clear cut as "finders keepers."
Whether the treasure is gold coins found in a sunken ship or a crate of goods washed ashore, what's up for grabs depends on where it's found and to whom it belongs.
The process is more Law and Order than Pirates of the Caribbean.
A key question is whether the discovery of goods is deemed salvage or treasure-hunting.
Salvage refers to when someone saves property drifting, lost or abandoned at sea. Under international conventions, the "salvor" is required to return the found goods to the original owner in return for a reward.
Immienet peril is the key question ,if the vessel is going to be ruined ,then salvage rights apply ,shit on the floor of the ocean is not in peril.
I would imagine a kite inflated is in immenient peril of being a total loss
therefor can be claimed without reimbursment .
But it not actually being a "vessel" but a part of a vessel I would think the judge would rule it to be a total loss .
Locals pickin shit up on the beach is a way of life ,probably half of the older homes in Florence are built from lumber lost off barges.
Maritime law is a conglomeration of ancient rules ,and like so many things today
up to a judge to decide
But I'm pretty sure abandon vessels in imminent peril
are yours to keep.
Read more: http://www.cbc.ca/world/story/2009/02/02/f-marine-law.html#ixzz0qheH7o8A |
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typhoon
Since 02 Sep 2009
26 Posts
Portland
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| Thu Jun 17, 10 12:04 pm |
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| If anyone reading this thread is the rightful owner and it was taken, you might want to consider reporting it stolen and give the police this guy's phone number. |
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K4L
Since 19 Jan 2009
483 Posts
Obsessed
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| Thu Jun 17, 10 12:21 pm |
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| blowhard wrote: | | K4L wrote: | When it comes to the law of the sea, it's not quite as clear cut as "finders keepers."
Whether the treasure is gold coins found in a sunken ship or a crate of goods washed ashore, what's up for grabs depends on where it's found and to whom it belongs.
The process is more Law and Order than Pirates of the Caribbean.
A key question is whether the discovery of goods is deemed salvage or treasure-hunting.
Salvage refers to when someone saves property drifting, lost or abandoned at sea. Under international conventions, the "salvor" is required to return the found goods to the original owner in return for a reward.
Immienet peril is the key question ,if the vessel is going to be ruined ,then salvage rights apply ,shit on the floor of the ocean is not in peril.
I would imagine a kite inflated is in immenient peril of being a total loss
therefor can be claimed without reimbursment .
But it not actually being a "vessel" but a part of a vessel I would think the judge would rule it to be a total loss .
Locals pickin shit up on the beach is a way of life ,probably half of the older homes in Florence are built from lumber lost off barges.
Maritime law is a conglomeration of ancient rules ,and like so many things today
up to a judge to decide
But I'm pretty sure abandon vessels in imminent peril
are yours to keep.
Read more: http://www.cbc.ca/world/story/2009/02/02/f-marine-law.html#ixzz0qheH7o8A |
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BLOWHARD,
Nice how you added the following erroneous thought into my post and then quoted it like it was mine.
"Immienet peril is the key question ,if the vessel is going to be ruined ,then salvage rights apply ,shit on the floor of the ocean is not in peril.
I would imagine a kite inflated is in immenient peril of being a total loss
therefor can be claimed without reimbursment .
But it not actually being a "vessel" but a part of a vessel I would think the judge would rule it to be a total loss .
Locals pickin shit up on the beach is a way of life ,probably half of the older homes in Florence are built from lumber lost off barges.
Maritime law is a conglomeration of ancient rules ,and like so many things today
up to a judge to decide
But I'm pretty sure abandon vessels in imminent peril
are yours to keep."
There are lots of people who unlawfully Take things they have no legal claim to as a way of lving, that doesnt make it right.
Point is if you want to claim it legally you have an obligation to take your claim to court.
Now I am not saying I am going to court everytime I find something on the beach but if it is valuable I at a minimum put the word out and if it has name and number, well that should be obvious. |
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Reaper356
Since 10 Dec 2006
781 Posts
Salem / LC Oregon
Opinionated
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| Thu Jun 17, 10 3:33 pm |
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That guy came up to us at Siletz and tried to sell that kite to us ... "smokin' deal".
Guy was totally tatooed, missing teeth and generally looked like a tweaker... thinking he was gonna find our kites on the beach next!
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K4L
Since 19 Jan 2009
483 Posts
Obsessed
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| Thu Jun 17, 10 3:37 pm |
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| Reaper356 wrote: | That guy came up to us at Siletz and tried to sell that kite to us ... "smokin' deal".
Guy was totally tatooed, missing teeth and generally looked like a tweaker... thinking he was gonna find our kites on the beach next!
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Who ? blowhard? |
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$ociopath
Since 28 Nov 2007
523 Posts
Twilight Zone
Addicted
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| Thu Jun 17, 10 4:46 pm |
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Wouldn't that be the 14mtr Cabrinha on Craigslist? Everyone could spam his listing E-mails to an asshole style  , but then I suppose it would just end up on E-bay  |
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blowhard
Since 26 Dec 2005
2028 Posts
Windward
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| Fri Jun 18, 10 7:53 am |
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| K4L wrote: | | blowhard wrote: | | K4L wrote: | When it comes to the law of the sea, it's not quite as clear cut as "finders keepers."
Whether the treasure is gold coins found in a sunken ship or a crate of goods washed ashore, what's up for grabs depends on where it's found and to whom it belongs.
The process is more Law and Order than Pirates of the Caribbean.
A key question is whether the discovery of goods is deemed salvage or treasure-hunting.
Salvage refers to when someone saves property drifting, lost or abandoned at sea. Under international conventions, the "salvor" is required to return the found goods to the original owner in return for a reward.
Immienet peril is the key question ,if the vessel is going to be ruined ,then salvage rights apply ,shit on the floor of the ocean is not in peril.
I would imagine a kite inflated is in immenient peril of being a total loss
therefor can be claimed without reimbursment .
But it not actually being a "vessel" but a part of a vessel I would think the judge would rule it to be a total loss .
Locals pickin shit up on the beach is a way of life ,probably half of the older homes in Florence are built from lumber lost off barges.
Maritime law is a conglomeration of ancient rules ,and like so many things today
up to a judge to decide
But I'm pretty sure abandon vessels in imminent peril
are yours to keep.
Read more: http://www.cbc.ca/world/story/2009/02/02/f-marine-law.html#ixzz0qheH7o8A |
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BLOWHARD,
Nice how you added the following erroneous thought into my post and then quoted it like it was mine.
"Immienet peril is the key question ,if the vessel is going to be ruined ,then salvage rights apply ,shit on the floor of the ocean is not in peril.
I would imagine a kite inflated is in immenient peril of being a total loss
therefor can be claimed without reimbursment .
But it not actually being a "vessel" but a part of a vessel I would think the judge would rule it to be a total loss .
Locals pickin shit up on the beach is a way of life ,probably half of the older homes in Florence are built from lumber lost off barges.
Maritime law is a conglomeration of ancient rules ,and like so many things today
up to a judge to decide
But I'm pretty sure abandon vessels in imminent peril
are yours to keep."
There are lots of people who unlawfully Take things they have no legal claim to as a way of lving, that doesnt make it right.
Point is if you want to claim it legally you have an obligation to take your claim to court.
Now I am not saying I am going to court everytime I find something on the beach but if it is valuable I at a minimum put the word out and if it has name and number, well that should be obvious. |
ok , all i did was hit the quote button
I would never put words in your mouth ,,,
but you can think anything you want
does not negate the actual law .
some people are thieves for sure ,but claiming that they make a living is a stretch
the law states that if the vessel is in immenient peril ,100% salvage can be had
seems simple enough to understand.
When I find stuff on the beach I put it in the trash
if it looks valuable I leave it
others call it beachcombing |
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