University of Miami Law Review Volume 32 Number 2 Article 4 3-1-1978 State Antiquity Laws and Admiralty Salvage: Protecting Our Cultural Resources Adam Lawrence Follow this and additional works at: https://repository.law.miami.edu/umlr Recommended Citation Adam Lawrence, State Antiquity Laws and Admiralty Salvage: Protecting Our Cultural Resources, 32 U. Miami L. Rev. 291 (1978) Available at: https://repository.law.miami.edu/umlr/vol32/iss2/4 This Leading Article is brought to you for free and open access by the Journals at University of Miami School of Law Institutional Repository. It has been accepted for inclusion in University of Miami Law Review by an authorized editor of University of Miami School of Law Institutional Repository. For more information, please contact
[email protected]. STATE ANTIQUITY LAWS AND ADMIRALTY SALVAGE: PROTECTING OUR CULTURAL RESOURCES ADAM LAWRENCE* In this article the author analyzes the constitutional power of the states to vest title to sunken artifacts in themselves. The legal nature of sunken property and the conflicting state and federal claims to which it is subject are examined through an historicalpresentation of the statutory and common law pertain- ing to sunken property. The author suggests how the possible conflicts between federal maritime and state jurisdiction can be resolved, both within the framework of the present law, and by enacting new legislation on the state and federal levels. I. IN TRODUCTION .................................................. 291 II. THE LEGAL NATURE OF SUNKEN PROPERTY ........................... 292 A. Abandonment and Dereliction in Admiralty ................. 292 B. Sunken Property and Federal Salvage Law ................... 296 C. The Salvor and the State ..................................