1010 ACQUIRING TITLE TO AN ABANDONED VESSEL

1010.1 This section applies only to vessels apparently abandoned for over six (6) months.

1010.2 Subject to the provisions of this section, a landowner, his or her lessee or agent, may acquire title to any vessel apparently abandoned on the landowner's land or on the waters immediately adjacent to the landowner's land.

1010.3 Acquisition of title of a vessel apparently abandoned shall divest any other person of any interest in the vessel.

1010.4 If a vessel has an identification number or other means of identifying its owner, the landowner desiring to acquire a title shall secure, if possible, the last known address of the owner and of the lien holder, if any, appearing on the Harbor Master's records.

1010.5 The landowner shall notify the owner and the lien holder by registered letter to their last known addresses that, unless their ownership is claimed and the vessel removed within thirty (30) days, the landowner shall apply for title to the vessel in his or her name.

1010.6 If the vessel's owner or lien holder cannot be identified or address ascertained from the Harbor Master's records, it is not necessary to send the letter.

1010.7 The landowner desiring to acquire title shall also place in a newspaper of general circulation published in the District a notice describing the vessel, the vessel's location, and any identifying number.

1010.8 The landowner shall state in the notice that unless the vessel is claimed and removed within thirty (30) days after the publication date of the paper, the landowner will apply for title to the vessel in his or her name.

1010.9 At the end of the thirty-day (30) period the person desiring to acquire title shall apply to the Harbor Master for title to the vessel in his or her name on forms approved by the Harbor Master, and the landowner shall provide the Harbor Master the following affidavits:

(a) A statement that the vessel apparently has been abandoned for at least six (6) months:

(b) Proof that the registered letter was mailed at least thirty (30) days before the application or a detailed explanation of the unsuccessful steps taken to identify the owner or lien holder and secure his or her address; and

(c) Proof that a notice was published in a newspaper as required in § 1010.7.

1010.10 Upon receipt of the material required in § 1010.9 and payment of any fees and taxes due, the Harbor Master shall issue title to the vessel to the applicant.

1010.11 The applicant shall be responsible for any costs incurred in receiving title to a vessel under this section.

1010.12 After receiving title, if the applicant destroys or disposes of the vessel, the applicant shall report this information to the Harbor Master within fifteen (15) days and describe in detail the destruction of the vessel.

1010.13 The Harbor Master may receive title to any vessel apparently abandoned on District Waters or on any land owned by the District by proceeding in the same manner as described in this section.

1010.14 A person shall not obtain title to a vessel under the provisions of this section through any

fraudulent means.

AUTHORITY: The Authority for this section is D.C. Law 5-58, the “District of Columbia Boat Titling Act of 1983”.

SOURCE: Section 2(c) of D.C. Law 5-58, the “District of Columbia Boat Titling Act of 1983”, 31 DCR 1459 (March 30, 1984) incorporating by reference the text of D.C. Act 5-86, 30 DCR 6293, 6300-03 (December 9, 1983).