§200-48 Derelict vessel. A vessel which has been left unattended for a continuous period of more than twenty-four hours is a derelict if:

(1) The vessel is sunk or in immediate danger of sinking, is obstructing a waterway, or is endangering life or property; or

(2) The vessel has been moored or otherwise left in the waters of the State or on public property contrary to law, or rules having the force and effect of law, or the vessel has been left on private property without authorization of the owner or occupant of the property and if:

(A) The vessel's registration certificate or marine document has expired and the registered owner no longer resided at the address listed in the vessel registration or marine document records of the department or the United States Coast Guard;

(B) The last registered owner of record disclaims ownership and the current owner's name or address cannot be determined;

(C) The vessel identification numbers and other means of identification have been removed so as to hinder or nullify efforts to locate or identify the owner; or

(D) The vessel registration records of the department and the marine document records of the United States Coast Guard contain no record that the vessel has ever been registered or documented and the owner's name or address cannot be determined. [L 1991, c 272, pt of §2]

Case Notes

A vessel and its accompanying mooring and live-aboard permits are constitutionally protected "property", of which an individual may not be deprived without notice and an opportunity to be heard. 91 H. 1, 979 P.2d 586.

Where an owner's right to a hearing subsequent to impoundment of a derelict vessel was not clearly established under §200-49, this section, or other law at the time of state boating officer's actions, it was not unreasonable for officers to have believed it was lawful to dispose of vessel without a hearing; thus officers, in individual capacities, entitled to qualified immunity in 42 U.S.C. §1983 action. 91 H. 1, 979 P2d 586.