Spain to U.S. Treasure Hunters: We’ll See You in Court!

The discovery of underseas treasure a few weeks ago would have made a great movie, or at least a Discovery Channel documentary. But, inevitably, the story has moved into the real world and that means: litigation.

The government of Spain filed a lawsuit yesterday in U.S. federal court in Florida seeking to assert its ownership rights over the treasure. I don’t have a copy of the complaint (if anyone has it, feel free to send it to me), and I’m far from knowledgeable about admiralty law, but I suppose the lawsuit must be asserting Spain’s ownership rights under the law of salvage or the law of finds. As I understand it, Spain would either have to pay salvage costs if they retain title, or if the wreck is deemed abandoned, then its “finders/keepers.” But the legal dispute is not fully developed. Here is an excerpt from Spain’s complaint:

“The Kingdom of Spain has not abandoned its ownership and other rights in sunken vessels of the Kingdom of Spain, in vessels sunk while in the service of the Kingdom of Spain, and in cargo or other property of the Kingdom of Spain on or in sunken vessels,
. . .
All sovereign and other rights in such vessels, cargo, artifacts or other contents have been reserved,
. . .
“The Kingdom of Spain further affirms and restates that arrest, recovery, or other unauthorized disturbance or recovery by Odyssey Marine Exploration of property of the Kingdom of Spain is not authorized, and the Kingdom of Spain reserves all rights and remedies arising from such activities.”

Sounds like a neat case to keep track of. Again, I welcome any of our readers with knowledge of the law or facts of this case to chime in.