2010 Massachusetts Code
PART I ADMINISTRATION OF THE GOVERNMENT
TITLE XIV PUBLIC WAYS AND WORKS
CHAPTER 91 WATERWAYS
Section 41 Removal after notice

[ Text of section effective until November 11, 2010. For text effective November 11, 2010, see below.]

Section 41. If such vessel or other obstruction is not removed within the time specified in such notice, and in a manner and to a place satisfactory to the department, or if no such owner or other person upon whom notice can be served is known to the department, it may remove such vessel or other obstruction, or complete the removal thereof, or cause the removal to be made in such manner and to such place as it deems best; and the necessary cost and expenses of such removal, if not paid by some owner or other person liable therefor, shall, when certified by the department and approved by the governor and council, be paid by the commonwealth.

Chapter 91: Section 41. Failure of owner or lienholder to claim vessel; application for title by claimant

[ Text of section as recodified by 2010, 309, Sec. 2 effective November 11, 2010. For text effective until November 11, 2010, see above.]

Section 41. If the owner or lienholder fails to claim the vessel within 90 days after the return receipt is received by the claimant or within 90 days after the last day of notice by publication, whichever is later, and if the commonwealth is not the owner pursuant to section 179 or 180 of chapter 6 or sections 26 to 27D, inclusive, of chapter 9, and if the United States is not the owner pursuant to federal law or regulation, the claimant may apply to the office for a title, subject to any lien which is valid and enforceable under any other statute, including section 9 of chapter 106. The application shall include: (i) a notarized affidavit by the claimant stating that the vessel has been abandoned for at least 90 days, that all notice requirements pursuant to this chapter have been satisfied and that the vessel is not subject to said section 179 or 180 of said chapter 6 or said sections 26 to 27D, inclusive, of said chapter 9 or the requirements of section 63, or any other applicable state or federal law or regulation; (ii) if applicable, a copy of the letter to the identified owner and any lienholders and accompanying return receipts; provided, however, that in the alternative, the claimant may supply a detailed explanation of the unsuccessful steps taken to identify the owner and any lienholders and to secure the address of the owner or any lienholders, including any returned notices; and (iii) in the case of notice by publication, original copies of the notice as published. The office shall certify that the claimant has met the requirements of this section and such certification shall be included with the records of the granting of the title.