Edd, I hate to say it but you’re involved in a bucket of s … well, let’s say a can of worms.
Some states have abandoned and derelict boat laws, most don’t seem to. And local laws are sometimes conflicting and hard to find. (For example, the local regulations in New Bern, NC are part of the local zoning code and Oriental, NC – where there are more sailboats than people – has no regulation at all.) I wouldn’t expect too much from the USCG because they seem to be pretty disinterested unless the offending boat is a hazard to navigation. I’m rapidly gaining expertise on this because of growing problems we’re having in the harbor an Washington, NC, where I manage the municipal marina. In North Carolina you can send a registered letter to the last owner of record for the offending boat. If he doesn’t claim the letter in 30 days, or if he gets the letter but does nothing, you can go to the State and apply for title to the vessel, which takes another couple of weeks. Then you can move, sell, dispose of, or scrap the boat because it is yours. I’d start by contacting the state agency that handles registration of boats in the state where the boat is currently. They can tell you what your options are. Rick Brass Washington, NC From: CnC-List [mailto:[email protected]] On Behalf Of Edd Schillay via CnC-List Sent: Thursday, November 9, 2017 12:43 PM To: [email protected] Cc: Edd Schillay <[email protected]> Subject: Re: Stus-List Mooring Rights -- Any "Sea Lawyers" on the List? Thanks to all for the comments and local/national laws. Update: I finally heard back from a Moorings and Ways Chairman, who said that the boat was supposed to be on someone else’s mooring, not mine. The are reaching out to the owner of the other mooring and will relocate the boat ASAP. If it’s not gone by Monday morning, I’ll contact the coast guard and cops. All the best, Edd Edd M. Schillay Starship Enterprise C&C 37+ | Sail No: NCC-1701-B City Island, NY Starship Enterprise's Captain's Log <http://enterpriseb.blogspot.com/> On Nov 9, 2017, at 12:31 PM, Dennis C. via CnC-List <[email protected] <mailto:[email protected]> > wrote: First, I'd search the laws and regulations concerning that particular mooring field. What documents do you have concerning your right to your gear and that location, i.e. permits, etc.? Like this: http://codes.findlaw.com/ny/navigation-law/nav-sect-46-a.html Once you determine what your rights are and have located and re-read your permitting documents, call the public safety department which has jurisdiction over the mooring field. The bad news is you may have to start an eviction process which may take several weeks. The good news, you don't need the mooring for several months. Dennis C. Touche' 35-1 #83 Mandeville, LA On Thu, Nov 9, 2017 at 10:42 AM, Edd Schillay via CnC-List <[email protected] <mailto:[email protected]> > wrote: Listers, Looking for some advice/experience on this non-C&C issue: As most of you know, I hauled the Enterprise for the winter about a month ago. The company that winterizes moorings has informed me this morning that a boat (no mast) has been on my mooring for a few weeks now (without my permission or knowledge.) The mooring is owned by me. Same with the mooring ball and gear. There is nothing that is attached to this mystery boat that can be considered club owned or public domain. I have reached out to the club to see if they know anything about it, but no response. My club is very loose when it comes to people’s property and rights. Anyone have any suggestions on what my next steps would be? TowBoat US doesn’t seem to want to touch it. Do I call the police? What would they do? What can I do? I’m under the impression that this falls under theft and trespassing. Any thoughts? All the best, Edd Edd M. Schillay Starship Enterprise C&C 37+ | Sail No: NCC-1701-B City Island, NY Starship Enterprise's Captain's Log <http://enterpriseb.blogspot.com/> _______________________________________________ Thanks everyone for supporting this list with your contributions. Each and every one is greatly appreciated. If you want to support the list - use PayPal to send contribution -- https://www.paypal.me/stumurray _______________________________________________ Thanks everyone for supporting this list with your contributions. Each and every one is greatly appreciated. If you want to support the list - use PayPal to send contribution -- https://www.paypal.me/stumurray
_______________________________________________ Thanks everyone for supporting this list with your contributions. Each and every one is greatly appreciated. If you want to support the list - use PayPal to send contribution -- https://www.paypal.me/stumurray
