IS WAR MATERIEL FOUND ON FORMER JAPANESE BASES ABANDONED PROPERTY?
There is a decision of the Appellate Division of the High Court of the Trust Territory regarding the ownership of a Japanese Mitsubishi A6M “Zero” aircraft which had been taken from Taroa Island, Maloelap Atoll, in February 1979 for shipment to the USA (Hermios v. Tartios 8 T.T.R. 540-541). While the court case mainly revolves around the identity of the specific aircraft and the fact from which ‘wato’ (land allotment) the aircraft actually came, the case also touches upon the question of ownership and is thus pertinent for the present discussion. An aircraft was found on Taroa and was cleared of the surrounding vegetation. The aircraft was later on transported to Majuro for sale overseas by person(s) other than those clearing the aircraft of vegetation. Not until then the ownership of the aircraft was specifically claimed or disputed. Based on evidence presented, Chief Justice Munson ruled that the principle of abandoned property (see above) applied in this case and that the aircraft b
