CHAPTER 10. SALE OF ABANDONED WATERCRAFT
IC 32-34-10
Chapter 10. Sale of Abandoned Watercraft
IC 32-34-10-1
"Marina operator" defined
Sec. 1. As used in this chapter, "marina operator" means a person,a firm, a corporation, a limited liability company, a municipality, oranother unit of government that is engaged in the business ofoperating a marina.
As added by P.L.2-2002, SEC.19.
IC 32-34-10-2
Sale of watercraft by marina operator; recovery of maintenancecosts
Sec. 2. A marina operator may:
(1) sell a watercraft that has been left without permission at themarina for more than six (6) months; and
(2) recover the operator's reasonable maintenance, repair,dockage, storage, and other charges if the conditions set forthin section 3 of this chapter are met.
As added by P.L.2-2002, SEC.19.
IC 32-34-10-3
Six month period before sale
Sec. 3. The minimum six (6) month period specified in section 2of this chapter begins the day written notice is sent by the marinaoperator to the last known address of the owner of the watercraft orpersonally delivered to the owner of the watercraft. If the notice ismailed, the marina operator must send notice by certified mail, returnreceipt requested. Notice, by mail or personally delivered, mustinclude a description of the watercraft and a conspicuous statementthat the watercraft is at the marina without permission of the marina.
As added by P.L.2-2002, SEC.19.
IC 32-34-10-4
Sale of watercraft and recovery of maintenance costs; procedure
Sec. 4. To sell a watercraft and recover charges under section 2 ofthis chapter, a marina operator must do all of the following:
(1) Perform a search of watercraft titles for the name andaddress of the owner of the watercraft and the name and addressof any person holding a lien or security interest on thewatercraft. The search required by this subdivision must beconducted in the following order:
(A) First, in the records of the state of registration asindicated on the exterior of the watercraft.
(B) Second, in the United States Coast Guard registrationrecords maintained by the National Vessel DocumentationCenter.
(C) Third, in the records of the bureau of motor vehicles.
(2) After receiving the results of the search required by
subdivision (1), give notice by certified mail, return receiptrequested, or in person, to the last known address of the ownerof the watercraft, to any lien holder with a perfected securityinterest in the watercraft, and to all other persons known toclaim an interest in the watercraft. The notice must include anitemized statement of the charges, a description of thewatercraft, a demand for payment within a specified time notless than ten (10) days after receipt of the notice, and aconspicuous statement that unless the charges are paid withinthat time, the watercraft will be advertised for sale and sold byauction at a specified time and place.
(3) Advertise that the watercraft will be sold at public auctionin conformity with the provisions of IC 26-1-7-210 andIC 26-1-2-328. The advertisement of sale must be publishedonce a week for two (2) consecutive weeks in a newspaper ofgeneral circulation in the county where the watercraft has beenleft without permission. The advertisement must include adescription of the watercraft, the name of the person on whoseaccount the watercraft is being held, and the time and place ofthe sale. The sale must take place at least fifteen (15) days afterthe first publication. If there is no newspaper of generalcirculation where the sale is to be held, the advertisement mustbe posted at least ten (10) days before the sale in not less thansix (6) conspicuous places in the neighborhood of the proposedsale.
(4) Conduct an auction sale, not less than thirty (30) days afterthe return receipt is received by the marina operator, on themarina property where the watercraft was left withoutpermission.
(5) Provide a reasonable time before the sale for prospectivepurchasers to examine the watercraft.
(6) Sell the watercraft to the highest bidder.
(7) Immediately after the auction sale, execute an affidavit ofsale in triplicate on a form prescribed by the bureau of motorvehicles stating:
(A) that the requirements of this section have been met;
(B) the length of time that the watercraft was left on themarina property without permission;
(C) the expenses incurred by the marina operator, includingthe expenses of the sale;
(D) the name and address of the purchaser of the watercraftat the auction sale; and
(E) the amount of the winning bid.
As added by P.L.2-2002, SEC.19.
IC 32-34-10-5
Affidavit of sale
Sec. 5. Upon payment of the bid price by the purchaser, themarina operator shall provide the purchaser with the affidavit of saledescribed in this chapter.As added by P.L.2-2002, SEC.19.
IC 32-34-10-6
Affidavit of sale as proof of ownership
Sec. 6. The affidavit of sale under this chapter constitutes proofof ownership and right to possession under IC 9-31-2-16.
As added by P.L.2-2002, SEC.19.
IC 32-34-10-7
Certificate of title
Sec. 7. After the purchaser:
(1) presents the bureau of motor vehicles with the affidavit ofsale;
(2) completes an application for title; and
(3) pays any applicable fee;
the bureau shall issue to the purchaser a certificate of title to thewatercraft.
As added by P.L.2-2002, SEC.19.
IC 32-34-10-8
Excess funds after sale of watercraft
Sec. 8. If a boat is sold under this chapter for an amount of moneythat is greater than the charges owed to the marina operator plus allreasonable expenses of sale, the marina operator shall pay the excessin the following order:
(1) For the satisfaction of obligations held by secured partieswith respect to the watercraft, in the order in which securityinterests in the watercraft were perfected.
(2) To the owner of the watercraft.
As added by P.L.2-2002, SEC.19.