2015 Indiana Code TITLE 32. PROPERTY ARTICLE 34. LOST OR UNCLAIMED PERSONAL PROPERTY CHAPTER 10. SALE OF ABANDONED WATERCRAFT
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IC 32-34-10
Chapter 10. Sale of Abandoned Watercraft
IC 32-34-10-0.2
Application of prior law
Sec. 0.2. The addition of IC 32-8-40 (before its repeal, now
codified in this chapter) by P.L.110-2001 applies to all watercraft
located on the property of a marina after January 1, 2001.
As added by P.L.220-2011, SEC.529.
IC 32-34-10-1
"Marina operator" defined
Sec. 1. As used in this chapter, "marina operator" means a person,
a firm, a corporation, a limited liability company, a municipality, or
another unit of government that is engaged in the business of
operating a marina.
As added by P.L.2-2002, SEC.19.
IC 32-34-10-2
Sale of watercraft by marina operator; recovery of maintenance
costs
Sec. 2. A marina operator may:
(1) sell a watercraft that has been left without permission at the
marina for more than six (6) months; and
(2) recover the operator's reasonable maintenance, repair,
dockage, storage, and other charges if the conditions set forth in
section 3 of this chapter are met.
As added by P.L.2-2002, SEC.19.
IC 32-34-10-3
Six month period before sale
Sec. 3. The minimum six (6) month period specified in section 2
of this chapter begins the day written notice is sent by the marina
operator to the last known address of the owner of the watercraft or
personally delivered to the owner of the watercraft. If the notice is
mailed, the marina operator must send notice by certified mail, return
receipt requested. Notice, by mail or personally delivered, must
include a description of the watercraft and a conspicuous statement
that the watercraft is at the marina without permission of the marina.
As added by P.L.2-2002, SEC.19.
IC 32-34-10-4
Sale of watercraft and recovery of maintenance costs; procedure
Sec. 4. To sell a watercraft and recover charges under section 2 of
this chapter, a marina operator must do all of the following:
(1) Perform a search of watercraft titles for the name and
address of the owner of the watercraft and the name and address
of any person holding a lien or security interest on the
watercraft. The search required by this subdivision must be
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conducted in the following order:
(A) First, in the records of the state of registration as
indicated on the exterior of the watercraft.
(B) Second, in the United States Coast Guard registration
records maintained by the National Vessel Documentation
Center.
(C) Third, in the records of the bureau of motor vehicles.
(2) After receiving the results of the search required by
subdivision (1), give notice by certified mail, return receipt
requested, or in person, to the last known address of the owner
of the watercraft, to any lien holder with a perfected security
interest in the watercraft, and to all other persons known to
claim an interest in the watercraft. The notice must include an
itemized statement of the charges, a description of the
watercraft, a demand for payment within a specified time not
less than ten (10) days after receipt of the notice, and a
conspicuous statement that unless the charges are paid within
that time, the watercraft will be advertised for sale and sold by
auction at a specified time and place.
(3) Advertise that the watercraft will be sold at public auction in
conformity with the provisions of IC 26-1-7-210 and
IC 26-1-2-328. The advertisement of sale must be published
once a week for two (2) consecutive weeks in a newspaper of
general circulation in the county where the watercraft has been
left without permission. The advertisement must include a
description of the watercraft, the name of the person on whose
account the watercraft is being held, and the time and place of
the sale. The sale must take place at least fifteen (15) days after
the first publication. If there is no newspaper of general
circulation where the sale is to be held, the advertisement must
be posted at least ten (10) days before the sale in not less than
six (6) conspicuous places in the neighborhood of the proposed
sale.
(4) Conduct an auction sale, not less than thirty (30) days after
the return receipt is received by the marina operator, on the
marina property where the watercraft was left without
permission.
(5) Provide a reasonable time before the sale for prospective
purchasers to examine the watercraft.
(6) Sell the watercraft to the highest bidder.
(7) Immediately after the auction sale, execute an affidavit of
sale in triplicate on a form prescribed by the bureau of motor
vehicles stating:
(A) that the requirements of this section have been met;
(B) the length of time that the watercraft was left on the
marina property without permission;
(C) the expenses incurred by the marina operator, including
the expenses of the sale;
(D) the name and address of the purchaser of the watercraft
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at the auction sale; and
(E) the amount of the winning bid.
As added by P.L.2-2002, SEC.19.
IC 32-34-10-5
Affidavit of sale
Sec. 5. Upon payment of the bid price by the purchaser, the marina
operator shall provide the purchaser with the affidavit of sale
described in this chapter.
As added by P.L.2-2002, SEC.19.
IC 32-34-10-6
Affidavit of sale as proof of ownership
Sec. 6. The affidavit of sale under this chapter constitutes proof of
ownership and right to possession under IC 9-31-2-16.
As added by P.L.2-2002, SEC.19.
IC 32-34-10-7
Certificate of title
Sec. 7. After the purchaser:
(1) presents the bureau of motor vehicles with the affidavit of
sale;
(2) completes an application for title; and
(3) pays any applicable fee;
the bureau shall issue to the purchaser a certificate of title to the
watercraft.
As added by P.L.2-2002, SEC.19.
IC 32-34-10-8
Excess funds after sale of watercraft
Sec. 8. If a boat is sold under this chapter for an amount of money
that is greater than the charges owed to the marina operator plus all
reasonable expenses of sale, the marina operator shall pay the excess
in the following order:
(1) For the satisfaction of obligations held by secured parties
with respect to the watercraft, in the order in which security
interests in the watercraft were perfected.
(2) To the owner of the watercraft.
As added by P.L.2-2002, SEC.19.
Indiana Code 2015
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