§ 8-721. Seizure, removal, or custody of abandoned vessels by Department
West's Annotated Code of MarylandNatural ResourcesEffective: July 1, 2020
Effective: July 1, 2020
MD Code, Natural Resources, § 8-721
§ 8-721. Seizure, removal, or custody of abandoned vessels by Department
(a) In this section, “abandoned or sunken vessel” means any vessel that:
(b)(1) The Department may seize, remove, and take into custody any abandoned or sunken vessel.
(c)(1) Except as provided in subsection (g)(2) of this section, not later than 15 days before an abandoned or sunken vessel is seized, removed, or taken into custody under subsection (b) of this section, the Department shall send a notice, by certified mail, return receipt requested, bearing a postmark from the United States Postal Service to the last known registered owner of the vessel, as shown on the records of the Department.
(2)(i) Except as provided in subparagraph (ii) of this paragraph, as soon as reasonably possible but not later than 15 days after the Department takes an abandoned or sunken vessel into custody, the Department shall send a notice, by certified mail, return receipt requested, bearing a postmark from the United States Postal Service to the last known registered owner of the vessel and to each known secured party, as shown on the records of the Department.
(ii) As soon as reasonably possible but not later than 15 days after the Department takes an abandoned or sunken vessel into custody in accordance with subsection (g)(2) of this section, the Department shall send a notice, by certified mail, return receipt requested, bearing a postmark from the United States Postal Service to the last known registered owner of the vessel and to each known secured party, as shown on the records of the Department.
(d) The notices required by subsection (c) of this section shall:
(e)(1) If the Department is unable to determine the last registered owner or the identity of any secured party of the abandoned or sunken vessel, or if the certified mail notice required under subsection (c) of this section is returned as undeliverable, the Department shall give the required notice by publication in at least 1 newspaper of general circulation in the area where the abandoned or sunken vessel was found.
(f) If the owner or secured party fails to claim the abandoned or sunken vessel within 3 weeks after the certified mail notice or after the notice by publication is given, the Department may sell the vessel at public auction, proceed to receive title to the vessel pursuant to § 8-722 of this subtitle, or otherwise dispose of the vessel.
(g)(1) If the abandoned or sunken vessel is in such a condition of disrepair that the Department cannot remove the vessel intact, the Department may dispose of the vessel in whatever manner is reasonable without providing the notice required under subsections (c) through (e) of this section.
(2)(i) If the Department determines that an abandoned or sunken vessel poses an immediate hazard or obstruction to navigation, a potential health hazard, or a potential environmental hazard, the Department shall take the vessel into custody without providing the notice required under subsection (c)(1) of this section.
(h) The Department may delegate the Department's authority to remove and dispose of abandoned or sunken vessels under this section to any local jurisdiction that consents to the delegation.
(i) The Department, in consultation with the Director of the Maryland Historical Trust, may adopt regulations to implement this section.
Credits
Added by Acts 1985, c. 670. Amended by Acts 1990 c. 6, § 2; Acts 1991, c. 55, § 1; Acts 1997, c. 214, § 1, eff. Oct. 1, 1997; Acts 2001, c. 575, § 1, eff. Oct. 1, 2001; Acts 2010, c. 418, § 1, eff. Oct. 1, 2010; Acts 2017, c. 408, § 1, eff. Oct. 1, 2017; Acts 2020, c. 75, § 1, eff. July 1, 2020; Acts 2020, c. 76, § 1, eff. July 1, 2020.
MD Code, Natural Resources, § 8-721, MD NAT RES § 8-721
Current with legislation effective through July 1, 2023, from the 2023 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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