I just recieved an e-mail from my club to bring to my attention an a new bill to be introduced. It is SB451 by Senator Brooks of Alabama. The bill would prohibit the anchoring of a boat in tidal rivers during hurricanes and as a criminal violation impose a fine . During the period of a hurricane affecting Mobile bay and for a 24-hour period preceding the landfall of a hurricane , a person shall not anchor a boat or vessel in any tidal river flowing into Mobile bay for a distance of 15 Miles upriver from the point the river flows into Mobile bay . This means NO HURRICANE HOLES ARE LEFT. What are you supposed to do with your boat? Most marinas have a policy that your boat must be out of the marina, sooooo ---- I hope my insurance company sees this. Please call or write Senator Brooks of your opposition to this. I will post his address and phone as soon as I get it. Therefore, you have time to get involved. Regardless of where you live in the State of Alabama, you should contact the Senator from your district and ask for his/her support by voting against SB #451. You may also express your opposition by e-mailing Sen. Brooks at benbrooksiii@aol.com Other contacts that have been made are the government liaisons at Boat/US and U.S. Sailing.
Our government is at it again
- Thread starter Nimbus
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The Reason is
that our senator Ben Brooks has a house on a creek off Dog River. His bill also gives property owners the right to sue boat owners for breaking the anchoring rule. Guess what, he is also an attorney.
that our senator Ben Brooks has a house on a creek off Dog River. His bill also gives property owners the right to sue boat owners for breaking the anchoring rule. Guess what, he is also an attorney.
Probably one of
Senator Brook's big contributors wound up with a sailboat wrecked on his river front property after Katrina. Just about any hurricane in the Gulf will be "affecting" Mobile Bay. So 24 hrs. before the thing makes land fall in Tampa, FL, you have to move. Hundreds of years of maritime law have established the principle that in the case of sudden emergency - eg. storm, a vessel may tie up at a private dock or secure safe haven in areas where it would otherwise be prohibited. The vessel's owner is responsible for any resulting damage, but it is not trespassing and it is not a criminal offense. Yeah, I'm a lawyer - so sue me.
Senator Brook's big contributors wound up with a sailboat wrecked on his river front property after Katrina. Just about any hurricane in the Gulf will be "affecting" Mobile Bay. So 24 hrs. before the thing makes land fall in Tampa, FL, you have to move. Hundreds of years of maritime law have established the principle that in the case of sudden emergency - eg. storm, a vessel may tie up at a private dock or secure safe haven in areas where it would otherwise be prohibited. The vessel's owner is responsible for any resulting damage, but it is not trespassing and it is not a criminal offense. Yeah, I'm a lawyer - so sue me.
Its a state issue, not federal
Ben Brooks is in the state legislature, so I guess its an Alabama state matter, not the Congress. Its an interesting question if the state has jurisdiction to do this on the navigable waters of the United States, where the authority rests in the federal government under the constitution.
Ben Brooks is in the state legislature, so I guess its an Alabama state matter, not the Congress. Its an interesting question if the state has jurisdiction to do this on the navigable waters of the United States, where the authority rests in the federal government under the constitution.
Not in my book
My book says that the government is composed of our duly elected representatives and that we have a right to vote, and oppose or support anything that these persons try to make law. And this is one thing that I oppose.
My book says that the government is composed of our duly elected representatives and that we have a right to vote, and oppose or support anything that these persons try to make law. And this is one thing that I oppose.
This isn't my fight but I don't see much chance of
passage. Isn't there much commercial traffic in those waters? This would prohibit tows from anchoring to ride out a storm. There is a world of difference between introducing a bill and getting it approved in both houses and then signed by the Governor.
passage. Isn't there much commercial traffic in those waters? This would prohibit tows from anchoring to ride out a storm. There is a world of difference between introducing a bill and getting it approved in both houses and then signed by the Governor.
There Was a Story After Ivan We All Enjoyed
Some putz lawyer who lived along the water was upset that another guys boat broke loose and washed up in his yard doing lot's of damage to his landscaping and lawn. He sued for salvage on the boat. In the mean time the insurance company deemed it a total loss paid the owner then when presented with the salvage claim told the lawyer he was absolutely correct and granted him possession of the boat. Now he owned the boat that destroyed his yard and had to pay for it to be removed. I doubt the veracity of the story but it is a fun one to listen to.
Some putz lawyer who lived along the water was upset that another guys boat broke loose and washed up in his yard doing lot's of damage to his landscaping and lawn. He sued for salvage on the boat. In the mean time the insurance company deemed it a total loss paid the owner then when presented with the salvage claim told the lawyer he was absolutely correct and granted him possession of the boat. Now he owned the boat that destroyed his yard and had to pay for it to be removed. I doubt the veracity of the story but it is a fun one to listen to.
Perhaps the law was created...
...to prevent a bunch of people anchoring then having their boats dragged of the anchor, sinking, and thus restricting passage to emergency vessels. Also many owners after Katrina just walked away and let the state clean up the mess. I could be wrong...but have anyone thought of that? abe
...to prevent a bunch of people anchoring then having their boats dragged of the anchor, sinking, and thus restricting passage to emergency vessels. Also many owners after Katrina just walked away and let the state clean up the mess. I could be wrong...but have anyone thought of that? abe
Well, according to this thread
the proposed law gives the right to sue to affected private property owners, not the state or federal government. In general, unless the vessel owner can be shown to have been negligent in anchoring/mooring/berthing, damage caused by a vessel which breaks loose from an anchor/mooring/berth as a result of hurricane force winds is considered an act of God such that the affected property owner must turn to self-help or appropriate insurance coverage. The government may of course employ all reasonable means to maintain navigable waterways, but it is doubtful that this includes prohibiting their use during hurricanes.
the proposed law gives the right to sue to affected private property owners, not the state or federal government. In general, unless the vessel owner can be shown to have been negligent in anchoring/mooring/berthing, damage caused by a vessel which breaks loose from an anchor/mooring/berth as a result of hurricane force winds is considered an act of God such that the affected property owner must turn to self-help or appropriate insurance coverage. The government may of course employ all reasonable means to maintain navigable waterways, but it is doubtful that this includes prohibiting their use during hurricanes.
One more thing
Don't know anything about this law or its reasoning, but I do know this. Before Katrina lots of boats went up lots of rivers to seek a safe anchorage. Several of these guys were total idiots, and went up the river a very short distance, tied their boats off to trees on both sides. The river thusly blocked. Not enough room for anchorage below the tied off boats, and no way past them. I heard that in at least one instance, someone just cut loose an tied off boat, and went on up river to anchor their boat out. It's the same thing that happens regularly, one or two idiots ruin things for the rest of us. Gov't. keeps trying to make it illegal to be an idiot, without actually saying idiot.
Don't know anything about this law or its reasoning, but I do know this. Before Katrina lots of boats went up lots of rivers to seek a safe anchorage. Several of these guys were total idiots, and went up the river a very short distance, tied their boats off to trees on both sides. The river thusly blocked. Not enough room for anchorage below the tied off boats, and no way past them. I heard that in at least one instance, someone just cut loose an tied off boat, and went on up river to anchor their boat out. It's the same thing that happens regularly, one or two idiots ruin things for the rest of us. Gov't. keeps trying to make it illegal to be an idiot, without actually saying idiot.
True Ross,
but defending yourself costs money either way. Yeah, you might get fees if you prevail, but not always. And, if you loose you may also have to pay the other guy's fees.
but defending yourself costs money either way. Yeah, you might get fees if you prevail, but not always. And, if you loose you may also have to pay the other guy's fees.
15 miles is reasonable
I haven't seen the law but agree with Nice N easy that it is probably a law to control idiots. Also getting farther away from the coast makes sense. It is already illegal to anchor in a navigable channel so as to impede traffic. It is unfortunate that our govenments have become so corrupt that we have to suspect that every law has foul intentions. But as narrow as the river is just above Mobile it seems reasonable to me to keep it open for traffic so that other boats can safely get out of harm's way.
I haven't seen the law but agree with Nice N easy that it is probably a law to control idiots. Also getting farther away from the coast makes sense. It is already illegal to anchor in a navigable channel so as to impede traffic. It is unfortunate that our govenments have become so corrupt that we have to suspect that every law has foul intentions. But as narrow as the river is just above Mobile it seems reasonable to me to keep it open for traffic so that other boats can safely get out of harm's way.
The actual bill
...is posted on the link. I have posted this on all the boards to which I have access. This is an outrage. It's time to storm the Bastille.
...is posted on the link. I have posted this on all the boards to which I have access. This is an outrage. It's time to storm the Bastille.
No sense
This law makes no sense at all to me. I understand that you should not block any navigable waterway. That said, 24 hours before a storm strikes, there is no navagation. Everyone is looking for a safe haven. This may be a method to try to control the idiots among us, but I would bet at least a dollar, that there is more to this than meets the eye. My dock is as good a hurrican hole as exists around here, so it isn't going to effect me in the least. But the people who have their boats in marinas, and the marina makes them move their boats, have to go somewhere. So lets say I have a nice sailboat, worth 50K. A hurricane is coming, and the marina says it has to be moved out. I am going to get it to the safest place I can find, and frankly, I don't care if it is illegal or not. They certainly are not going to fine me enough to make losing the boat seem attractive. It is my understanding that in an emergency situation, most laws do not apply, or are at the least overlooked. If a hurricane is bearing down, it is pretty well every man for himself, and I don't think there are many who are going to be the least bit concerned about breaking the law. Besides, the authorities are going to be way too busy trying to save lives to worry about illegally anchored boats.
This law makes no sense at all to me. I understand that you should not block any navigable waterway. That said, 24 hours before a storm strikes, there is no navagation. Everyone is looking for a safe haven. This may be a method to try to control the idiots among us, but I would bet at least a dollar, that there is more to this than meets the eye. My dock is as good a hurrican hole as exists around here, so it isn't going to effect me in the least. But the people who have their boats in marinas, and the marina makes them move their boats, have to go somewhere. So lets say I have a nice sailboat, worth 50K. A hurricane is coming, and the marina says it has to be moved out. I am going to get it to the safest place I can find, and frankly, I don't care if it is illegal or not. They certainly are not going to fine me enough to make losing the boat seem attractive. It is my understanding that in an emergency situation, most laws do not apply, or are at the least overlooked. If a hurricane is bearing down, it is pretty well every man for himself, and I don't think there are many who are going to be the least bit concerned about breaking the law. Besides, the authorities are going to be way too busy trying to save lives to worry about illegally anchored boats.
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