2013 Maryland Code
NATURAL RESOURCES
§ 8-721 - Removal and disposal of abandoned vessels


MD Nat Res Code § 8-721 (2013) What's This?

§8-721.

(a) In this section, “abandoned vessel” means any vessel that:

(1) Is left illegally or has remained without permission for more than 30 days on public property, including public marinas, docks, or boatyards;

(2) Has remained at the following locations for more than 90 days without the consent of the owner or person in control of the property:

(i) A private marina or property operated by a private marina; or

(ii) A private boatyard or property operated by a private boatyard;

(3) Has remained at the following locations for more than 30 days without the consent of the owner or person in control of the property:

(i) A private dock; or

(ii) At or near waters’ edge on private property;

(4) Has remained on private property other than the private property described in items (2) and (3) of this subsection for more than 180 days without the consent of the owner or person in control of the property; or

(5) Has been found adrift or unattended in or upon the waters of the State, and is found in a condition of disrepair as to constitute a hazard or obstruction to the use of the waters of the State or presents a potential health or environmental hazard.

(b) The Department may seize, remove, and take into custody any abandoned vessel. For this purpose, the Department may use its own personnel, equipment, and facilities or use other persons, equipment, and facilities for removing, preserving, or storing abandoned vessels. The Department may not be held liable for any damage to an abandoned vessel which may occur during removal, storage, or custody of the vessel.

(c) (1) No later than 15 days before an abandoned vessel is seized, removed, or taken into custody under subsection (b) of this section, the Department shall send a notice, by certified mail, return receipt requested, bearing a postmark from the United States Postal Service to the last known registered owner of the vessel, as shown on the records of the Department.

(2) As soon as reasonably possible but not later than 15 days after the Department takes an abandoned vessel into custody, the Department shall send a notice, by certified mail, return receipt requested, bearing a postmark from the United States Postal Service to the last known registered owner of the vessel and to each secured party, as shown on the records of the Department.

(d) The notices required by subsection (c) of this section shall:

(1) Describe the vessel;

(2) Give the location where the vessel is being held;

(3) Inform the owner and secured party of a right to reclaim the vessel within 3 weeks of receipt of the notice required in subsection (c)(2) of this section upon payment to the Department of any expenses incurred during removal and custody of the vessel; and

(4) State that failure to claim the vessel will constitute:

(i) A waiver of all right, title, and interest in the vessel; and

(ii) A consent to the Department’s disposition of the vessel.

(e) If the Department is unable to determine the last registered owner or the identity of any secured party of the abandoned vessel, or if the certified mail notice required under subsection (c) of this section is returned as undeliverable, the Department shall give the required notice by publication in at least 1 newspaper of general circulation in the area where the abandoned vessel was found. The notice by publication shall contain the information required under subsection (d) of this section and shall be published within 30 days of the seizure of the abandoned vessel, or within 15 days of the return of the certified mail notice as undeliverable.

(f) If the owner or secured party fails to claim the abandoned vessel within 3 weeks after the certified mail notice or after the notice by publication is given, the Department may sell the vessel at public auction, proceed to receive title to the vessel pursuant to § 8-722 of this subtitle, or otherwise dispose of the vessel.

(g) If the abandoned vessel is in such a condition of disrepair that the Department cannot remove the vessel intact, the Department may dispose of the vessel in whatever manner is reasonable without providing the notice required under subsections (c) through (e) of this section.

(h) The Department may delegate the Department’s authority to remove and dispose of abandoned vessels under this section to any local jurisdiction that consents to the delegation.

§ 8-721 - 1. Removal of vessel from marina

(a) In general. -- The owner or operator of a marina or the owner's or operator's agent may have a vessel removed from the marina by a private person if the vessel has remained on the marina premises without permission for more than 48 hours and the owner, operator, or agent has placed in conspicuous locations signs that:

(1) State that vessels left at the marina without permission for more than 48 hours are subject to removal at the vessel owner's expense;

(2) State the location to which the vessel will be removed;

(3) State that the vessel owner will be responsible for all costs associated with the removal and storage of the vessel; and

(4) Provide the telephone number of a person who can be contacted to arrange for the reclaiming of the vessel by its owner or the owner's agent.

(b) No removal more than 30 miles from marina. -- A vessel may not be removed from a marina to a location that is more than 30 miles from the marina.

(c) Reasonable attempt to notify vessel owner or owner's agent. -- The owner or operator of a marina, or the agent of the owner or operator, on finding a vessel left at the marina without permission, shall make a reasonable attempt to notify the vessel owner or the vessel owner's agent of the intended removal of the vessel before the vessel may be removed under this section.

(d) Actions upon removal. -- A person who removes the vessel from a marina:

(1) Shall notify the vessel owner or the vessel owner's agent at the earliest possible time after removing the vessel from the marina, and shall provide the following information:

(i) A description of the vessel including the vessel's certificate of boat number;

(ii) The date and time the vessel was removed;

(iii) The reason the vessel was removed; and

(iv) The locations from which and to which the vessel was moved;

(2) Before removing the vessel, shall have authorization of the marina owner; and

(3) May not pay any remuneration to the owner of the marina.

(e) Delivery to customarily used location. --

(1) The person who removes a vessel from a marina shall immediately deliver the vessel directly to a location customarily used by the person.

(2) The person who exercises control over the vessel at the location to which the vessel is delivered after removal from a marina shall provide the vessel owner or the vessel owner's agent immediate and continuous opportunity to retake possession of the vessel.

(f) Removal in violation of this section. -- Any person who removes a vessel from a marina in violation of any provision of this section:

(1) Shall be liable for actual damages sustained by the vessel owner or the vessel owner's agent as a result of the violation; and

(2) Shall be liable to the vessel owner or the vessel owner's agent for up to triple the amount paid by the owner or the owner's agent to retake possession of the vessel, as the court may determine.

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