Abandoned Vessel State Laws w Letter
STATE LAWS ADDRESSING ABANDONED AND DERELICT VESSELS
COMPILED BY NATIONAL SEA GRANT LAW CENTER
AUGUST 2009
TABLE OF CONTENTS
ALABAMA¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡..........2
ALASKA¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡.5
CALIFORNIA¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡.10
CONNECTICUT¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡..14
DELAWARE¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡...17
FLORIDA¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡...20
GEORGIA¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡..25
HAWAII¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡33
ILLINOIS¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡...40
INDIANA¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡...44
LOUISIANA¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡...48
MAINE¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡.52
MARYLAND¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡.55
MASSACHUSETTS¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡.61
MICHIGAN¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡66
MINNESOTA¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡.71
MISSISSIPPI¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡..74
NEW HAMPSHIRE¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡.79
NEW JERSEY¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡.84
NEW YORK¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡...89
NORTH CAROLINA¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡92
OHIO¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡.95
OREGON¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡.104
PENNSYLVANIA¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡..111
RHODE ISLAND¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡...116
SOUTH CAROLINA¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡..120
TEXAS¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡123
VIRGINIA¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡129
WASHINGTON¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡.134
WISCONSIN¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡.142
ALABAMA
Definition of a Vessel
Vessel: Every description of watercraft, other than a seaplane, capable of being used as a means of
transportation on the water, but the term does not include vessels 12 feet in length or less when used
solely on farm ponds of less than 50 acres in size. (ALA. CODE ¡ì 33-5-3(1)).
Definition of a Derelict/Abandoned Vessel
Alabama does not have a explicit definition of derelict or abandoned vessel.
Formal State Program For Abandoned Vessels
Alabama does not have a formal state program addressing abandoned vessels.
In March 1998, House Bill 917 was introduced in the Alabama Legislature to establish an abandoned
vessel program, but it did not pass. According to the bill¡¯s synopsis it would have provided for:
The storage and disposition of an abandoned vessel and the civil procedure rights of the owner and
the finder of the vessel including personal watercraft;
Notification and publication of the known data relating to the vessel to ascertain the identity of the
owner and rights of parties with legal interest in the vessel;
Responsibilities and powers of the Alabama Criminal Justice Information Center and the
Department of Conservation and Natural Resources;
The creation of and satisfaction of liens in the same manner as for abandoned motor vehicles; and
the foreclosure or public sale of abandoned vessels and the disposition of excess proceeds in the
same manner as for abandoned motor vehicles.
The bill also would have provided for a peace officer or law enforcement agency to remove an
unattended vessel and the circumstances and duties thereunder and the issuance of a certificate of
title by the Department of Conservation and Natural Resources.
The text of HB 917 is available at
.
Laws/Guidelines on How a Boat is Designated as Abandoned/Derelict
Alabama law requires vessel owners to notify the Department of Conservation and Natural Resources
within 15 days if the vessel is destroyed or abandoned. (Id. ¡ì 33-5-16(a)).
Differences Between Commercial and Recreational Vessel Treatment
None.
Vessel Size Requirements or Limits
None.
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Removal Requirements
Although Alabama does not have an abandoned vessel law, the state¡¯s salvage laws provide that any
person may take up and secure ¡°all property adrift.¡± (Id. ¡ì 35-13-1).
Within 2 days of securing the property, the person must present the property to a district court for
an official appraisement and description of the property. (Id. ¡ì 35-13-2).
If the appraised value of the property is over $30, the taker must, within 10 days of the appraisal,
give notice once a week for three successive weeks in a newspaper published nearest to the place
where the property was taken up. (Id. ¡ì 35-13-3(a)).
o The notice must state the name of the taker; the time and place; a description of the
property, with its marks, and the name of the owner, if known; its appraised value; and the
location where the property is secured or deposited.
If the property is worth less than $30.00, notice must be given within 5 days at the next steamboat
landing, if the property was taken up on a navigable stream; otherwise, at the nearest public place.
(Id. ¡ì 35-15-3(b)).
The owner of the property may, upon notifying the taker or person in possession and proving
ownership to the satisfaction of the court, obtain an order from the court to restore such property on the
payment of the legal costs and other charges. (Id. ¡ì 35-13-4).
The owner may prove his property, if appraised at less than $30.00, within 3 months. If appraised
between $30.00 and $100.00, the owner has 6 months. If the property is worth more than $100.00,
the owner has a year after the appraisement to prove his ownership. (Id. ¡ì 35-13-7).
o A failure to prove ownership vests ownership rights in the taker.
The taker of the property is entitled to compensation for his efforts as follows:
For property worth less than $30.00, 25% of the appraised value;
For property worth between $30.00 and $100.00, 20%;
For property worth between $100.00 and $500.00, 15%;
For property worth between $500.00 and $1,000.00, 10%; and
For property worth more than $1,000.00, 5%. (Id. ¡ì 35-13-5(a)).
The taker is also entitled to the court fees paid by him; the expenses of the advertisement, if
published in a newspaper, and reasonable compensation for the keeping, if necessary to preserve
the property from loss or injury. (Id. ¡ì 35-13-5(b)).
If the taker or person in possession of the property fails to return it to the owner on the order of the
district court and payment of all costs and expenses, the owner may recover the property from the taker
or person in possession. (Id. ¡ì 35-13-8).
The person failing to abide by a court order, forfeits double the appraised value of the property to
the owner bringing the recovery action.
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