Can a person own the moon?
American millionaire Richard Garriott owns a Soviet space rover parked on the moon, and he claims this could give him rights to lunar property.
Garriott, the son of scientist-astronaut Owen Garriott, has personal aspirations of space travel. He flew a self-financed, $35 million trek to the International Space Station in October 2008. Garriott is providing funds for the Google Lunar X Prize, a $30 million competition for the first privately funded team to send a robot to the moon. He hopes to travel to the moon in the future and calls the private space race the quickest way for people to return to the lunar surface.
Garriott admits to Space.com that his assertions are a bit tongue in cheek, but nonetheless he is pursuing property rights on the moon. Garriott believes an international framework already exists to support his territorial claim. Joanne Irene Gabrynowic is director of the National Center for Remote Sensing, Air and Space Law and research professor of Law at the University of Mississippi.
She thinks Garriott may have a point. As she told Space.com, "The soundness of a property right depends in large part on the integrity of the documents that memorialize the right … This why property buyers conduct title searches before buying property. They want to be sure that the title is good."
However, according to the Outer Space Treaty of 1966, simply landing on the moon does not guarantee ownership. When Russia and the United States both landed on the moon, they agreed to not lay claims to owning it. Nonetheless, Garriott hopes that his Lunokhod 2 rover deed of ownership will guarantee him to some lunar property rights. And he plans on being gracious about his lunar land. He told Space.com that he’s willing to allow future space travelers to pay a parking fee on his property.
http://www.mnn.com/earth-matters/space/stories/can-a-person-own-the-moon#Enter space lawyer, Joanne Irene Gabrynowicz. She is Director of the National Center for Remote Sensing, Air and Space Law and Research Professor of Law at the University of Mississippi.
"The soundness of a property right depends in large part on the integrity of the documents that memorialize the right," Gabrynowicz told SPACE.com via email. "This is why property buyers conduct title searches before buying property. They want to be sure that the title is good."
Gabrynowicz said that without reading the papers or knowing how they were processed and by whom, she can't speak to the validity of the ownership of a space object purchased at auction.
"However, a contention that buying a space object that landed on the lunar surface from a sovereign nation gives rise to a property right to the territory under it is wrong," Gabrynowicz said.
Gabrynowicz said that States-Parties to the Outer Space Treaty of 1966 cannot acquire lunar territory by landing an object on the moon.
"The USSR was and Russia is a party to the Outer Space Treaty," she added. "It did not acquire the territory under the object when it landed. One cannot sell what one does not own. Since USSR/Russia did not have a property right to the territory under the landed object, there was nothing to sell."