I think that the "private law" approach might be just the ticket for this situation. The court approach is appropriate and needs to be followed through, but having a sympathetic Midland based U.S. Representative push a small provision into a piece of legislation this fall that formally recognizes the CAF ownership of the P-82 in question would formally and finally settle the question. At that point, the court action would be made moot by Congress. I discussed this approach in regards to Pirate Lex's successful effort with the Navy in a previous thread, quoted below. Maybe Lex's provision would provide the Midland congressman/woman with the ready-made text as well. Shep, Ober, is this something that you guys might initiate with the local office for your congressman?
kevin
I'm no expert by any means, but I have found the following: Try the link below to see what the Navy wants... but I looked in the 2005 defense appropriations bill as it was finally enrolled as public law 108-375, and couldn't find the provision inserted anywhere.
http://www.history.navy.mil/branches/org12-12a.htm
However, in the same act, under Title X is the following "private law," which seems to give anyone interested a model of how to get clear title to an aircraft that they might find in Lake Michigan, the Pacific, etc. I would guess, however, that it might take a little bit of sway to convince your local senator or congressman to slide such a neat and tidy provision on your behalf into the national defense appropriations bill. See the text of the provision below:
kevin
SEC. 1083. TRANSFER OF HISTORIC F3A-1 BREWSTER CORSAIR AIRCRAFT.
(a) Authority to Convey.--The Secretary of the Navy may convey,
without consideration, to Lex Cralley of Princeton Minnesota (in this
section referred to as ``transferee''), all right, title, and interest
of the United States in and to a F3A-1 Brewster Corsair aircraft (Bureau
Number 04634). The conveyance shall be made by means of a deed of gift.
(b) Condition of Aircraft.--The aircraft shall be conveyed under
subsection (a) in its current unflyable, ``as is'' condition. The
Secretary is not required to repair or alter the condition of the
aircraft before conveying ownership of the aircraft.
(c) Conveyance at No Cost to the United States.--The conveyance of
the aircraft under subsection (a) shall be made at no cost to the United
States. Any costs associated with the conveyance and costs of operation
and maintenance of the aircraft conveyed shall be borne by the
transferee.
(d) Additional Terms and Conditions.--The Secretary may require such
additional terms and conditions in connection with a conveyance under
this section as the Secretary considers appropriate to protect the
interests of the United States.