How to identify and dispose of abandoned sailboat.
- Thread starter JBP-PA
- Start date
Oops, one could theoretically in the dead of night move the offending squatter to Pennsylvania and viola problem solved.
Alternatively, this is an option.
Section 1547.305 - Ohio Revised Code | Ohio Laws
Alternatively, this is an option.
Section 1547.305 - Ohio Revised Code | Ohio Laws
I don't know the exact process in Ohio. However, the general framework in most jurisdictions is some framework around the following concepts.
Determination of status of boat - meaning was it originally state registered? Coast Guard documented? Both? Neither? All information about last known owner. The last time storage fees were paid. The amount of unpaid storage fees from that point of time to the present. You should get all of the above information gathered together before beginning the legal process. When you write the storage fee portion, you need to carefully write it such that you don't lock yourself into a set number. You write it such that at an point of time in the future, that cost can be properly assessed - including any or all fees you may or may not need throughout this process. You have to show you have repeatedly tried to contact the legal owner, as you know it to be. It's really useful to have copies of original paid bills but that will depend upon how good the book keeping is at the marina where the boat is - good luck on that one...
You should make copies of all documentation supporting the above.
Then you start the legal process (however it's done in Ohio and/or with the feds).
The process usually has a public notice requirement. You will likely have to put a public notice in at least one, sometimes more, publications (Most are still done in newspapers - you'll have to find out).
Then there is a time period where you have to wait for any response.
There is nothing really difficult in this - it's mainly a documentation process and the ability to show positive intent on the marinas part - and following the requirements of your jurisdiction.
dj
My marina in NW Indiana has to dispose of abandoned boats every few years. I have no idea what the process is, but maybe you can call another marina in your state and ask for some guidance.
This year, I noticed 3 derelict boats (we store our boats in the parking lot over the winter) that had red tags on them. A few weeks later, I noticed the masts for all 3 boats on the ground, and a week later, all 3 were gone.
Now on the other hand, they have 2 boats that have been there for years. One was damaged when it blew over in a storm and broke the keel…so probably some sort of insurance claim issue. The other one, an O’Day 39, has been sitting abandoned for 15 or more years. Not sure why the marina didn’t get rid of it when the other 3 were removed.
Greg
This year, I noticed 3 derelict boats (we store our boats in the parking lot over the winter) that had red tags on them. A few weeks later, I noticed the masts for all 3 boats on the ground, and a week later, all 3 were gone.
Now on the other hand, they have 2 boats that have been there for years. One was damaged when it blew over in a storm and broke the keel…so probably some sort of insurance claim issue. The other one, an O’Day 39, has been sitting abandoned for 15 or more years. Not sure why the marina didn’t get rid of it when the other 3 were removed.
Greg
Here you have made potentially an erroneous assumption. That O'Day 39 may simply be unused for 15 years or more.
The whole point of going through the proper channels is that the status of being abandoned must be determined. Not having paid the required fees is an important part of that.
dj
Unused or not, having a boat that is not generating revenue, sitting in a marina, is a burden for marina operators. That slip could be generating income. It can no doubt be an arduous task to go thru the paper trail & govt channels to address the abandoned, derelect, or unused boat(s). I suspect that if a marina is not fully occupied, marina management is not motivated in taking the necessary steps to have the boat(s) legally removed & auctioned or disposed of. This situation happens routinely in the home mortgage & auto loan industries and is dealt with expeditiously.
The Ohio process shown at links above is straightforward, and faster than I thought - around 30 days for notices after finding the addresses of owners and lien holders. There is a requirement that an appraisal shows the boat to be worth less than $10,000. I did not see what to do if it appraises more than that.
I talked to the marina about It a year ago or so. Told them I might be interested in it….until I climbed up on the deck and almost put my foot through the cabin near the mast
Manager said he was not sure why it was still there,…he thought that they had asked the scrap guys to take it away. Marina told me it was full of black mold (and it was). Maybe it has to be treated as hazardous waste! I wore a respirator when I climbed in.Still not sure why they didn’t get rid of it.
Greg
We believe we have found a lien holder, we are contacting them. Still unable to find the last known owner. None of the USCG lookup tools send to have that info.
In the past the CG database did provide ownership information when it was searched, it no longer provides that to the general public. Check the USCG Documentation Cener's website for information on how to do a title search. There is probably a form and a fee. Don't expect a quick response to an inquiry as many of the CG's administrative staff are civilian employees and won't be available until the shut down is over and then there will be a backlog.