TITLE 23


Navigation and Waters


CHAPTER 13. VESSEL PROPERTY


§ 1301. Control by owner or owners of more than half part; master's refusal to surrender; penalty.


Every vessel owned by a citizen or citizens of this State shall be subject to the control of the vessel's owner, if there
be but 1, or, if such vessel be owned by several jointly or in common, the vessel shall be subject to the control of the owner
or owners of more than a half part.


The owner or owners of such share may discharge the master of such vessel, though the master be a part owner, and may maintain
a civil action against the master to recover possession of the vessel if the master refuse to deliver the vessel to the owner
or owners or to an agent, and recover damages for the detention.


If such master, upon being discharged, refuses or neglects to deliver to such owner or owners of more than a half part, or
to an agent, on demand, the vessel with all the vessel's papers, tackle, apparel and furniture, the master shall be fined
$100.


Code 1852, §§ 1236-1238; Code 1915, § 2989; Code 1935, § 3482; 23 Del. C. 1953, § 1301; 70 Del. Laws, c. 186, § 1.;


§ 1302. Forcible, fraudulent or secret taking of vessel; penalty.


Whoever forcibly, fraudulently or secretly takes or attempts to take and remove any vessel from any harbor, river, creek or
sound within this State, on any pretense whatever, shall be fined not more than $500, and shall restore to the owners the
vessel and cargo or the full value thereof.


Code 1852, § 1239; Code 1915, § 2990; Code 1935, § 3483; 23 Del. C. 1953, § 1302.;


§ 1303. Vessels adrift or abandoned on public property and lost, abandoned, or stolen property relating to vessels.


(a) A person finding or having in that person's own possession a vessel that was adrift or abandoned, or any lost, abandoned,
or stolen property relating to a vessel, shall turn the vessel or property over to the Department of Natural Resources and
Environmental Control for disposition pursuant to subsection (b) of this section.


(b)(1) Notwithstanding § 8026 of Title 29, whenever a vessel or property relating to a vessel comes into the custody of the
Department and the person entitled to possession of the vessel or property cannot be located and fails to claim possession
for a period of 6 months, the Secretary of the Department may dispose of the vessel or property at public sale at a place
which is convenient and accessible to the public, provided that the time, place, and terms of the sale, together with a description
of the vessel or property, are published in 1 or more daily newspapers in the State at least once each week for 2 successive
weeks prior to the sale. The Secretary shall, in the Secretary's discretion, fix the terms of sale and may employ an auctioneer
to conduct the sale. If the vessel or property is of a kind for which a certificate of title or registration has been or should
have been issued by the Department, the Secretary shall cause notice by registered mail to be sent at least 10 days before
the sale to the owner and lienholder, if any, shown on the records of the Department, or to the person entitled to possession
of the vessel or property, if the person's address is known or if it can be ascertained by the exercise of reasonable diligence.
If an address cannot be ascertained, then notice under this paragraph is not required to be given.


(2) Notice pursuant to this subsection is not required when an abandoned vessel or property relating to a vessel is removed
in an emergency situation which creates an actual or potential hazard to navigation.


(c) The proceeds from any vessel or property relating to a vessel sold pursuant to subsection (b) of this section must be
placed in the General Fund, but only after any liens on the vessel or property are paid and any expenses incurred by the Department
or by the person who turned over the vessel or property to the Department are paid. Reimbursable expenses include all direct
expenses associated with the seizure, removal, transportation, preservation, storage, and disposal of a vessel or property
relating to a vessel.


(d) For purposes of this chapter, unless the context otherwise requires:


(1) "Abandoned vessel" means:


a. A vessel that has been left illegally or has remained without permission for more than 30 days on public property, including
public marinas, public docks, and public boatyards; or


b. A vessel that has been found adrift or unattended in or upon the public waters or public subaqueous land of the State,
and is found in a condition of disrepair that constitutes a hazard or obstruction to the use of public waters or subaqueous
land of the State or that presents a potential or actual health or environment hazard;


(2) "Department" means the Department of Natural Resources and Environmental Control;


(3) Vessel" means every description of watercraft, other than a seaplane, used or capable of being used as a means of transportation
on water or ice.


(e) The Department may seize, remove, transport, preserve, store, and dispose of any abandoned vessel or property relating
to a vessel. For this purpose, the Department may use its own personnel, equipment, and facilities or use other persons, equipment,
and facilities. The Department may not be held liable for any damage to an abandoned vessel or property relating to a vessel
which may occur during seizure, removal, transportation, preservation, storage, or disposition.


(f) If an abandoned vessel or property relating to a vessel is in such a condition of disrepair that the Department cannot
remove it intact, the Department may dispose of it in whatever manner is reasonable without providing the notice required
under paragraph (b)(1) of this section.


(g) The Department may delegate to any local jurisdiction the Department's authority under this chapter to seize, remove,
transport, preserve, store, and dispose of abandoned vessels and property relating to a vessel.


(h) This § 1303 and § 1304 of this title do not apply to archaeological resources, including shipwrecks embedded in or located
on the State's subaqueous lands, which are regulated by the Department of State, Division of Historical and Cultural Affairs
pursuant to Chapter 53 of Title 7.


64 Del. Laws, c. 242, § 1; 70 Del. Laws, c. 186, § 1; 75 Del. Laws, c. 153, § 13; 76 Del. Laws, c. 84, § 1.;


§ 1304. Vessels and property relating to vessels adrift or abandoned on private property.


(a) Abandoned vessels and property relating to vessels on the strand on private property, such as private waters, private
subaqueous land, private marinas, private docks, and private boatyards, may be seized, removed, transported, preserved, stored,
and disposed of by the Department pursuant to the provisions of this chapter upon written request to the Department by the
private property owner, if the Department receives funding to provide such a service.


(b) Subsection (a) of this section does not apply to:


(1) A vessel whose owner has not complied with the terms of a financial agreement to pay docking, mooring, storage, or similar
fees at a private marina, dock, boatyard, or other nautical facility, yet allows the vessel to remain at the marina, dock,
boatyard, or other facility;


(2) A vessel whose owner trespasses on private property by leaving that owner's vessel in another person's boat slip or dockspace
without the permission of the other person.


76 Del. Laws, c. 84, § 2; 70 Del. Laws, c. 186, § 1.;


§ 1305. Penalties; jurisdiction.


A person who abandons a vessel or property relating to a vessel on public or private property for more than 30 days or who
violates any other provision of § 1303 or § 1304 of this title is subject to a civil penalty of not less than $100 nor more
than $500 for each offense. In addition, the sentencing official shall order the person to reimburse the Department for all
expenses incurred by the Department in the enforcement of § 1303 and § 1304 of this title, including seizure, removal, transportation,
preservation, storage, and disposal expenses of or for abandoned vessels and for property relating to a vessel. Superior Court
has jurisdiction over violations of this chapter.


76 Del. Laws, c. 84, § 3.;