Pirates of hurricane Ike!!!!

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Nov 4, 2005
10
- - Baytown, Texas
Looking for some advise. After all the boats and floating piers ended up still tied together on dry ground after the storm, the city of Baytown decided own their on it was in everyones interest if they hired a salvor and relocated the boats and piers to a staging area. Only after this happened did the marina tennants find out that the cost per foot of boat would be $178, plus another $75 per foot to put boats in the water by crane at a later date. If you want trailer your boat out your are forced to sign a release of liability for damages during the staging and agree to pay the salvage fee. Any boats still in the staging after 30 days will be charged $2 per foot per day for the next 15 days and $4 per foot per day for the following 15 days. Any boat still there after 60 days will be claimed by them as abandoned. Not to mention the marina operator has yet to repay any slip fees or deposits that were paid in advance. Has anyone been a similar situation and had any luck taking legal action against a city? Some owners had no insurance and the moving cost alone are close to what their boat is worth. It seems to almost amount to pure theft by the city, seeing as they recieved 115 million in FEMA money for storm repairitions but claim none can be use at the marina. Any advice would be appreciated .
 
May 11, 2005
3,431
Seidelman S37 Slidell, La.
After Katrina

Right after Katrina there was a salvor tried something sort of like this. They blocked the entrance/exit to Oak Harbor Marina. Were going to claim all the boats in there, sunk, damaged or whole. And apparently the marina was in on the deal. Luckily, one of the tennants was a retired highway patrol, and he showed up one fine morning with an active highway patrol, a local cop and a local sheriff. Told the guy his choices were unblocking the marina, or going straight to jail. He chose the prior. This was a deal between the salvor and the marina, and was illegal. Since your situation is between the city and the salvor, need to do something different. Like find a very good lawyer. ( Never thought I would say that.) Otherwise someone is going to make a pocket full of money, and a bunch of boat owners are going to get taken to the cleaners. I would think the insurance companies would be fighting this as they are going to be the big loosers on all the insured boats. I don't know that this is illegal, but it certainly isn't right.
 
Nov 6, 2006
10,216
Hunter 34 Mandeville Louisiana
What a mess, Ross ! You might want to talk to some Maritime Law people .. this doesn’t sound legitimate.. Go to the TV folks and tell them exactly how these pirates are behaving! Seems like you guys should petition FEMA to help directly .. ?? best of luck to yall.. Sorry to hear what they are doing.. Almost sounds like a land grab so someone’s brother in law can build condos in place of those old ugly marinas!..
 
Sep 25, 2008
43
Hunter 42 Passage Kemah,Texas
ive talked to a few people from there and they got there boats out and are refuseing to pay anything
 

Ross

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Jun 15, 2004
14,693
Islander/Wayfairer 30 sail number 25 Perryville,Md.
The last time I looked at the US Constitution I saw something about not being allowed to deprive a citizen of property without due process. I think that petitioning the courts for an injunction would be the first step in the process.
 
Jul 24, 2005
261
MacGregor Mac26D Richardson, TX; Dana Point, CA
Small Claims Court Time...

Prepay - reimbursement... Small claims court limit is $10K...

Is it in the contract? If not...

what the other owners say? call Boat US and talk to a lawyer for them... they are bound to have boats covered...

--jr
 
Oct 22, 2008
3,502
- Telstar 28 Buzzards Bay
The city decided to move the boats, that were not in any imminent danger, since you say they were on DRY LAND... I'd imagine that they are liable for any damage to the boats caused by their moving the boats without the owner's permission.

IIRC, salvage requires that the boat be at imminent risk and that there is some risk in undertaking the salvage operation. A boat that is hard aground above the high-tide mark is not at imminent risk IMHO, nor is there really any risk to someone who is undertaking to move a boat with the proper equipment that is hard aground on DRY GROUND.

This sounds like a nice scheme to rake boat owners over the coals and make a bucket of money... and is probably both criminal and illegal. BTW, it is illegal for someone to withhold your boat from you without cause.
 
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