§200-44  Possession by interested party.  Anyperson having an interest in the vessel may take possession of the vessel priorto the date of public auction upon payment to the department of all use fees,towing, handling and storage charges, appraisal and advertising expenses, andany other expenses incurred by the department in connection with the vessel. If the person taking possession of the vessel is not the registered ordocumented owner, the person, prior to taking possession of the vessel, shall paythe foregoing expenses and post security satisfactory to the department whichshall 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. [L1991, c 272, pt of §2; am L 2004, c 70, §3]

 

Case Notes

 

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