Sec. 30.30.055. Impoundment and disposition of derelict vessel.

359 words·~2 min read·/ak/title-30/chapter-30/30-30-055

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)A state agency or municipality may impound a derelict vessel by

(1)securing the vessel in place;

(2)towing or sailing the vessel to a secure mooring in a location that is authorized by the state agency or municipality; or

(3)removing the vessel from the water and placing it in storage.

(b)The state agency or municipality that impounds a vessel may sell, donate, or destroy the vessel if the vessel is not repossessed by the owner or a person with a financial or security interest in the vessel within 20 days after the postmark date of the notice mailed under AS 30.30.045 (a). The sale of a vessel may be by public auction or by sealed bids or, if no bids are received, by negotiated sale.

(c)A state agency or municipality may, by regulation or ordinance, adopt sale or disposal methods that are consistent with the provisions of this chapter.

(d)A state agency or municipality shall apply the proceeds from the sale of a vessel under this chapter in the following order:

(1)to the administrative costs associated with impounding the vessel;

(2)to the costs of towing, handling, and storing the vessel;

(3)to the administrative costs of conducting the sale;

(4)to a lienholder to the extent of the lien;

(5)to the owner of the vessel if the owner can be found; if the owner cannot be found, the balance shall be deposited into the derelict vessel prevention program fund under AS 30.30.096 .

(e)A state agency or municipality shall disperse the proceeds of the sale of a vessel at a public auction under federal law in accordance with federal law.

(f)The state agency or municipality or its designees, employees, or agents are not liable for the disposition of a vessel to the owner, operator, or any lienholder of the vessel.

(g)The transfer of title and interest by sale under this section is a transfer by operation of law. However, a bill of sale executed by an authorized seller is satisfactory evidence authorizing the transfer of the title or interest.