Legal Battle Underway For Ownership Of Asteroid Eros

As reported by Space Frontier, the Complaint alleges that Nemitz was denied his Fifth, Ninth and Tenth Amendment rights protected by the Constitution. Nemitz asserts in the Court filings that “no treaty has ever abrogated, overthrown, or amended constitutional law” The suit is seeking $1,107 in damages, rulings to overturn the NASA and Department of State conclusions, and a ruling that Nemitz’s Claim to ownership of the asteroid is a Lawful and valid Claim. The central issue of the case submitted to the Court is “Treaty vs. the Natural, Inherent Rights of Man” to acquire and own property. The side issue of whether actual possession is required prior recognized ownership, is moot in this regard. US District Judge Howard D. McKibben has been assigned to the action.

Nevada, of course, has a long history of legal miner claims and this one is in some ways no different. Orbital Development of Carson City is behind the so-called “Eros Project” to ultimately mine the resources of that distant rock, a mining claim they claim is worth $10 trillion.

Nemitz expects a jury to hear his case. For those of you who can take a little jaunt to Hawaii on short notice, Nemitz will speak about Property Rights in Space and Space Property Law at the International Lunar Conference in Hawaii on November 21, 2003. His presentation is titled “Developing Property Claims and Asteroid Eros”, and presumably he will unveil some of his planned legal strategy for pursuing this case. While the rest of us are waiting on CONUS for Court TV coverage, here’s something else of related interest…

3 thoughts on “Legal Battle Underway For Ownership Of Asteroid Eros”

  1. Just watched that Star Trek Law & Order Flash movie. I wonder how long that took to put together. Hope Paramount hasn’t threatened to sue them out of existence yet.

  2. as was suggested elsewhere, Nemitz might want to re-think his assessment of the asteroid’s value, to avoid a rather large tax bill :-) Although, as it happens, Nemitz thinks the IRS is a bunch of terrorists.

  3. …the IRS is a bunch of terrorists…just legal ones. Speaking of terrorists, check out Ashcroft’s propaganda site for the PATRIOT Act. It starts out: The Department of Justice’s first priority is to prevent future terrorist attacks. Funny, I thought DOJ’s first priority was to ensure internal compliance with centuries of Federal legislation. Didn’t we create a new Cabinet level position to deal with terrorism called Department of Homeland Security? If so, just what kind of power trip is DoJ and Ashcroft on here? And in other 1984-Ministry-of-Truth news

    I am not paranoid or a fanatic. Honest. Just a concerned citizen of 21st Century America…

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