Ferae naturae
Encyclopedia
Unowned property refers to tangible, physical things which are capable of being reduced to being property
owned by an individual, but are not owned by anyone. Nearly every piece of land on the Earth is property and has an owner. The class of objects, "Unowned Things", are objects which are not yet property; either because it has been agreed by sovereign nations that no one can own them, or because no person, or other entity, has made a claim of ownership.
The most common unowned things are asteroid
s. The UN's Outer Space Treaty
does not address the issue of private ownership of natural objects in space. All asteroids remain unowned things until some person or entity makes a claim of property right to one of them.
In an experimental legal case of first impression, a lawsuit for a declaratory judgment
was filed in US Federal Court to determine the lawful owner of Asteroid 433 Eros
. 433 Eros was claimed as property by Gregory W. Nemitz of Orbital Development. According to the Homestead principle
, Nemitz argued that he had the right to claim ownership of any celestial body
that he made use of; he claimed he had designated Eros a spacecraft parking facility and wished to charge NASA
a parking and storage fee of twenty cents per year for its NEAR Shoemaker
spacecraft
that is permantly stored there. Nemitz's case was dismissed due to lack of standing
and an appeal denied.
for "nature [wild] animals", ferae naturae is a legal term that means any animals that are not designated domesticated animals by law. In property law
, ferae naturae residing on unowned real property
are not predisposed to one party or another in regards to possession.
See: Pierson v. Post
(3 Cai. R. 175, 2 Am. Dec. 264) (Supreme Court of New York 1805)
In the event that the animals are on a private entity's estate, the owner of the estate, if pursuing or attempting to apprehend ferae naturae is likely to be deemed by the court, the rightful possessor to the title of the animal.
See: Keeble v Hickeringill, 11 East 574, 103 Eng. Rep. 1127 OR 3 Salk. 9 (as Keeble v Hickeringhall)
Queen's Bench, 1707
Property
Property is any physical or intangible entity that is owned by a person or jointly by a group of people or a legal entity like a corporation...
owned by an individual, but are not owned by anyone. Nearly every piece of land on the Earth is property and has an owner. The class of objects, "Unowned Things", are objects which are not yet property; either because it has been agreed by sovereign nations that no one can own them, or because no person, or other entity, has made a claim of ownership.
The most common unowned things are asteroid
Asteroid
Asteroids are a class of small Solar System bodies in orbit around the Sun. They have also been called planetoids, especially the larger ones...
s. The UN's Outer Space Treaty
Outer Space Treaty
The Outer Space Treaty, formally the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies, is a treaty that forms the basis of international space law...
does not address the issue of private ownership of natural objects in space. All asteroids remain unowned things until some person or entity makes a claim of property right to one of them.
In an experimental legal case of first impression, a lawsuit for a declaratory judgment
Declaratory judgment
A declaratory judgment is a judgment of a court in a civil case which declares the rights, duties, or obligations of one or more parties in a dispute. A declaratory judgment is legally binding, but it does not order any action by a party. In this way, the declaratory judgment is like an action to...
was filed in US Federal Court to determine the lawful owner of Asteroid 433 Eros
433 Eros
433 Eros is a near-Earth asteroid discovered in 1898, and the first asteroid to be orbited by a probe . It is an S-type asteroid approximately 34.4×11.2×11.2 km in size, the second-largest NEA after 1036 Ganymed, and belongs to the Amor group.Eros is a Mars-crosser asteroid, the first known...
. 433 Eros was claimed as property by Gregory W. Nemitz of Orbital Development. According to the Homestead principle
Homestead principle
The homestead principle in law is the concept that one can gain ownership of a natural thing that currently has no owner by using it or building something out of it...
, Nemitz argued that he had the right to claim ownership of any celestial body
Celestial Body
Celestial Body is a Croatian film directed by Lukas Nola. It was released in 2000....
that he made use of; he claimed he had designated Eros a spacecraft parking facility and wished to charge NASA
NASA
The National Aeronautics and Space Administration is the agency of the United States government that is responsible for the nation's civilian space program and for aeronautics and aerospace research...
a parking and storage fee of twenty cents per year for its NEAR Shoemaker
NEAR Shoemaker
The Near Earth Asteroid Rendezvous - Shoemaker , renamed after its 1996 launch in honor of planetary scientist Eugene M. Shoemaker, was a robotic space probe designed by the Johns Hopkins University Applied Physics Laboratory for NASA to study the near-Earth asteroid Eros from close orbit over a...
spacecraft
Spacecraft
A spacecraft or spaceship is a craft or machine designed for spaceflight. Spacecraft are used for a variety of purposes, including communications, earth observation, meteorology, navigation, planetary exploration and transportation of humans and cargo....
that is permantly stored there. Nemitz's case was dismissed due to lack of standing
Standing (law)
In law, standing or locus standi is the term for the ability of a party to demonstrate to the court sufficient connection to and harm from the law or action challenged to support that party's participation in the case...
and an appeal denied.
Ferae naturae
LatinLatin
Latin is an Italic language originally spoken in Latium and Ancient Rome. It, along with most European languages, is a descendant of the ancient Proto-Indo-European language. Although it is considered a dead language, a number of scholars and members of the Christian clergy speak it fluently, and...
for "nature [wild] animals", ferae naturae is a legal term that means any animals that are not designated domesticated animals by law. In property law
Property law
Property law is the area of law that governs the various forms of ownership in real property and in personal property, within the common law legal system. In the civil law system, there is a division between movable and immovable property...
, ferae naturae residing on unowned real property
Real property
In English Common Law, real property, real estate, realty, or immovable property is any subset of land that has been legally defined and the improvements to it made by human efforts: any buildings, machinery, wells, dams, ponds, mines, canals, roads, various property rights, and so forth...
are not predisposed to one party or another in regards to possession.
See: Pierson v. Post
Pierson v. Post
Pierson v. Post, 3 Cai. R. 175, 2 Am. Dec. 264 , is a Supreme Court of New York case about a disagreement over a dead fox that serves as an important cornerstone in American legal education.- Background :...
(3 Cai. R. 175, 2 Am. Dec. 264) (Supreme Court of New York 1805)
In the event that the animals are on a private entity's estate, the owner of the estate, if pursuing or attempting to apprehend ferae naturae is likely to be deemed by the court, the rightful possessor to the title of the animal.
See: Keeble v Hickeringill, 11 East 574, 103 Eng. Rep. 1127 OR 3 Salk. 9 (as Keeble v Hickeringhall)
Queen's Bench, 1707