§200-44  Possession by interested party.  Any
person having an interest in the vessel may take possession of the vessel prior
to the date of public auction upon payment to the department of all use fees,
towing, handling and storage charges, appraisal and advertising expenses, and
any other expenses incurred by the department in connection with the vessel. 
If the person taking possession of the vessel is not the registered or
documented owner, the person, prior to taking possession of the vessel, shall pay
the foregoing expenses and post security satisfactory to the department which
shall not exceed the value of the vessel.  The security, if not forfeited,
shall be returned to the person posting it within two years after receipt. [L
1991, c 272, pt of §2; am L 2004, c 70, §3]



 



Case Notes



 



  State had no statutory basis upon which to charge fees for
the impoundment and disposal of vessel under §200-49 or this section where
vessel had not been repossessed and State had engaged in the negotiated sale of
the vessel for a purchase price of $0.00.  91 H. 1, 979 P.2d 586.