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30 J. Space L. 297 (2004)
Nemitz v. United States, a Case of First Impression: Appropriation, Private Property Rights and Space Law before the Federal Courts of the United Sates

handle is hein.journals/jrlsl30 and id is 313 raw text is: CASE NOTE NEMITZ v. UNITED STATES, A CASE OF FIRST IMPRESSION: APPROPRIATION, PRIVATE PROPERTY RIGHTS AND SPACE LAW BEFORE THE FEDERAL COURTS OF THE UNITED STATES Robert Kelly* I. FACTS AND DISPOSITION OF THE CASE BELOW The present case involves Gregory W. Nemitz' (Appellant) assertion of private property rights in asteroid 433, Eros (here- inafter Eros). Eros is a large asteroid in stable orbit around the Sun.1 On its closest orbit between the Earth and Mars, Eros was 14 million miles away.2 The Appellant claims that his ownership of Eros is based on his registration on the Archimedes Institute website3 and his filing of a California Uniform Commercial Code security interest, in which he named himself as both creditor and debtor.4 The claim arises out of the February 12, 2001 land- . Robert Kelly is a third year law student at the University of Mississippi School of Law and is a Research Associate for the National Remote Sensing and Space Law Cen- ter. He would like to thank Prof. Joanne Irene Gabrynowicz and Prof. Jacqueline Etil Serrao for their help in the production of this note. I Eros has a reported mass of 7.2 x 10 kg and has dimensions of 33 km x 13 km x 13 km. Gregory W. Nemitz, The Eros Project Overview, at http://www.erosproject. com/433erosproj.html?source=ErosProject (last visited Oct. 18, 2004). ' Appellee's Brief at 3, Nemitz v. United States (9th Cir. 2004) (No. 04-16223) [hereinafter Appellee's Briefi. ' The Aiahl, nedes Institute, at http://www.permanent.com/archimedes (last visited Oct. 18, 2004). 4 Nemitz v. United States, CV-N-03-0599-HDM-(RAM) (D. Nev. Apr. 27, 2004) (order granting defendant's motion to dismiss). 297

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