Abandoned Boats
Last Post 08 Jun 2007 10:23 AM by XShipRider. 3 Replies.
Author Messages
Franklin ViolaUser is Offline
New Member
New Member
Send Private Message
Posts:1
Franklin Viola

--
11 Apr 2007 06:40 PM
    Dear USCG

    I am doing research on who has jurisdiction for abandoned fishing vessels in Brownsville, TX.

    Hundreds of fishing (shrimp) vessels are tied up three, four & five deep with little or no supervision (maintaning bilge pumps, etc). If they should sink, the impact on the water (environment) from fuel & lube oils will be quite substantial.

    My questions are:
    a. When is a vessel considered "abandoned"?

    b. How does one find out who is owner of the vessel?

    b. Who has jurisdiction over abandoned fishing vessels tied to a dock?
    USCG
    City of Brownsville
    Cameron County

    c. Assuming the bank will not take possession of an abandoned boat, who has that right?

    d. If abandoned vessels start taking on water (bilge pumps stop or failure of through-hull fittings) resulting in discharge of fuel & lube oils, who is financially responsible for clean up?

    Thanks for your time & consideration.
    franklin VIOLA
    XShipRiderUser is Offline
    Veteran Member
    Veteran Member
    Send Private Message
    Posts:1472
    XShipRider

    --
    11 Apr 2007 09:17 PM
    Sector Corpus Christi appears to be the closest unit to you. You'll want to call the number listed on the page below then ask for the Marine Safety Unit.

    homeport.uscg.mil/mycg/portal/ep/portDirectory.do?tabId=1&cotpId=22

    Sorry I can't answer your questions. They're nice and specific, the way I like them. Unfortunately my expertise was not in the M (Marine Safety) side of the house.

    Good luck,
    Garret


    Caution: I have two brain cells. Sometimes they both work at the same time.

    CqCastingUser is Offline
    New Member
    New Member
    Send Private Message
    Posts:1
    CqCasting

    --
    08 Jun 2007 12:29 AM
    I'd be interested in learning what you find out in your quest. Would you mind up-dateing this post as information comes in?


    "Kayaking is to Water Sports, what Ballet is to Dance"

    "Kayaking is to Water Sports, what Ballet is to Dance"
    XShipRiderUser is Offline
    Veteran Member
    Veteran Member
    Send Private Message
    Posts:1472
    XShipRider

    --
    08 Jun 2007 10:23 AM
    Reposted from below:

    I would consult a lawyer since the statute below reads "3 years."

    Texas statute:

    PROPERTY CODE

    CHAPTER 72. ABANDONMENT OF PERSONAL PROPERTY

    SUBCHAPTER A. GENERAL PROVISIONS



    § 72.001. APPLICATION OF CHAPTER. (a) Tangible or
    intangible personal property is subject to this chapter if it is
    covered by Section 72.101 and:
    (1) the last known address of the apparent owner, as
    shown on the records of the holder, is in this state;
    (2) the records of the holder do not disclose the
    identity of the person entitled to the property, and it is
    established that the last known address of the person entitled to
    the property is in this state;
    (3) the records of the holder do not disclose the last
    known address of the apparent owner, and it is established that:
    (A) the last known address of the person entitled
    to the property is in this state; or
    (B) the holder is a domiciliary or a government
    or governmental subdivision or agency of this state and has not
    previously paid or delivered the property to the state of the last
    known address of the apparent owner or other person entitled to the
    property;
    (4) the last known address of the apparent owner, as
    shown on the records of the holder, is in a state that does not
    provide by law for the escheat or custodial taking of the property
    or is in a state in which the state's escheat or unclaimed property
    law is not applicable to the property, and the holder is a
    domiciliary or a government or governmental subdivision or agency
    of this state;
    (5) the last known address of the apparent owner, as
    shown on the records of the holder, is in a foreign nation and the
    holder is a domiciliary or a government or governmental subdivision
    or agency of this state; or
    (6) the transaction out of which the property arose
    occurred in this state and:
    (A) the last known address of the apparent owner
    or other person entitled to the property is:
    (i) unknown; or
    (ii) in a state that does not provide by law
    for the escheat or custodial taking of the property or in a state in
    which the state's escheat or unclaimed property law is not
    applicable to the property; and
    (B) the holder is a domiciliary of a state that
    does not provide by law for the escheat or custodial taking of the
    property or a state in which the state's escheat or unclaimed
    property law is not applicable to the property.
    (b) This chapter supplements other chapters in this title,
    and each chapter shall be followed to the extent applicable.
    (c) This chapter applies to property held by life insurance
    companies with the exception of unclaimed proceeds to which Chapter
    1109, Insurance Code, applies and that are held by those companies
    that are subject to Chapter 1109, Insurance Code.
    (d) A holder of property presumed abandoned under this
    chapter is subject to the procedures of Chapter 74.
    (e) In this chapter, a holder is a person, wherever
    organized or domiciled, who is:
    (1) in possession of property that belongs to another;
    (2) a trustee; or
    (3) indebted to another on an obligation.
    (f) In this chapter, a corporation shall be deemed to be a
    domiciliary of the state of its incorporation.

    Acts 1983, 68th Leg., p. 3592, ch. 576, § 1, eff. Jan. 1, 1984.
    Amended by Acts 1985, 69th Leg., ch. 230, § 7, eff. Sept. 1,
    1985; Acts 1987, 70th Leg., ch. 426, § 2, eff. Sept. 1, 1987;
    Acts 1991, 72nd Leg., ch. 153, § 5, eff. Sept. 1, 1991; Acts
    2001, 77th Leg., ch. 1419, § 30, eff. June 1, 2003.
    SUBCHAPTER B. PRESUMPTION OF ABANDONMENT



    § 72.101. PERSONAL PROPERTY PRESUMED ABANDONED. (a)
    Except as provided by this section and Sections 72.1015, 72.1016,
    and 72.102, personal property is presumed abandoned if, for longer
    than three years:
    (1) the existence and location of the owner of the
    prperty is unknown to the holder of the property; and
    (2) according to the knowledge and records of the
    holder of the property, a claim to the property has not been
    asserted or an act of ownership of the property has not been
    exercised.
    (b)(1) The three-year period leading to a presumption of
    abandonment of stock or another intangible ownership interest in a
    business association, the existence of which is evidenced by
    records available to the association, commences on the first date
    that either a sum payable as a result of the ownership interest is
    unclaimed by the owner or a communication to the owner is returned
    undelivered by the United States Postal Service.
    (2) The running of the three-year period of
    abandonment ceases immediately on the exercise of an act of
    ownership interest or sum payable or a communication with the
    association as evidenced by a memorandum or other record on file
    with the association or its agents.
    (3) At the time an ownership is presumed abandoned
    under this section, any sum then held for interest or owing to the
    owner as a result of the interest and not previously presumed
    abandoned is presumed abandoned.
    (4) Any stock or other intangible ownership interest
    enrolled in a plan that provides for the automatic reinvestment of
    dividends, distributions, or other sums payable as a result of the
    ownership interest is subject to the presumption of abandonment as
    provided by this section.
    (c) Property distributable in the course of a
    demutualization or related reorganization of an insurance company
    is presumed abandoned on the first anniversary of the date the
    property becomes distributable if, at the time of the first
    distribution, the last known address of the owner according to the
    records of the holder of the property is known to be incorrect or
    the distribution or statements related to the distribution are
    returned by the post office as undeliverable and the owner has not:
    (1) communicated in writing with the holder of the
    property or the holder's agent regarding the interest; or
    (2) otherwise communicated with the holder regarding
    the interest as evidenced by a memorandum or other record on file
    with the holder or its agents.
    (d) Property distributable in the course of a
    demutualization or related reorganization of an insurance company
    that is not subject to Subsection (c) is presumed abandoned as
    otherwise provided by this section.

    Acts 1983, 68th Leg., p. 3593, ch. 576, § 1, eff. Jan. 1, 1984.
    Amended by Acts 1985, 69th Leg., ch. 230, § 9, eff. Sept. 1,
    1985; Acts 1987, 70th Leg., ch. 426, § 3, eff. Sept. 1, 1987;
    Acts 1991, 72nd Leg., ch. 153, § 6, eff. Sept. 1, 1991; Acts
    1993, 73rd Leg., ch. 36, § 3.01, eff. Sept. 1, 1993; Acts 2003,
    78th Leg., 3rd C.S., ch. 3, § 2.01, 3.01, eff. Jan. 11, 2004;
    Acts 2005, 79th Leg., ch. 81, § 2, eff. Sept. 1, 2005.


    Caution: I have two brain cells. Sometimes they both work at the same time.



    ---
    Active Forums 4.3