32-1157.Same; notification of parties havinginterests in vessel; failure to reclaim; use, sale or destruction by lawenforcement agency.(a) A law enforcement officer may attempt to identify theregistered owner of a vessel abandoned on private property by inspection of thevessel and any trailer to which it is attached and may supply the informationto the real property owner upon which vessel is presumed abandoned. The realproperty owner must declare by affidavit the reasons why such real propertyowner believes the property to be abandoned. The real property owner must give5-days' notice to the last registered vessel owner before causing the removalof the vessel. If the last registered owner is unknown or cannot be notified,the vessel may immediately be removed to a secure location designated by a lawenforcement officer.
(b) A law enforcement officer, within 48 hours after directing the removal ofan abandoned vessel on a public waterway or public or private property, shallnotify the department of the status of the vessel.
(c) A law enforcement officer who has custody of an abandoned vessel, if thelaw enforcement agency knows or can reasonably discover the name and address oftheowner of the vessel or any person who holds a security interest in the vessel,shall notify the owner or the holder of the security interest of the locationof the vessel and the method by which the vessel may be claimed. This noticemust be sent by certified or registered mail.
(d) If the abandoned vessel is held by a law enforcement agency as evidencein the investigation or prosecution of a criminal offense, the notice requiredby subsection (c) shall be sent:
(1) Upon the decision of the law enforcement agency or prosecuting attorneynot to pursue or prosecute the case;
(2) upon the conviction of the person who committed the offense; or
(3) if the case is otherwise terminated.
(e) Failure to reclaim the vessel within 180 days after the date the noticeis mailed constitutes a waiver of interest in the vessel by any person havingan interest in the vessel and the vessel shall be deemed abandoned for allpurposes.
(f) If all recorded interests in a vessel are waived, as provided insubsection (e) or by written disclaimer, the department may issue a certificateof ownership to the law enforcement agency that has custody of the vessel. Ifnecessary, the secretary may assign a hull number to the vessel. Thissubsection shall not preclude the subsequent return of a vessel, or anycomponent part thereof, by a law enforcement agency to the registered owner ofthe vessel upon presentation by the registered owner of satisfactory proofof ownership.
(g) A law enforcement agency to which a certificate of ownership is issuedpursuant to subsection (f) may use, sell or destroy the vessel and shall keep arecord of the disposition of the vessel. If the law enforcement agency:
(1) Sells the vessel, all proceeds from the sale of the vessel shall becomethe property of the law enforcement agency.
(2) Destroys the vessel, the law enforcement agency shall, within 10 days,give notice of the destruction of the vessel to the department.
32-1157.Same; notification of parties havinginterests in vessel; failure to reclaim; use, sale or destruction by lawenforcement agency.(a) A law enforcement officer may attempt to identify theregistered owner of a vessel abandoned on private property by inspection of thevessel and any trailer to which it is attached and may supply the informationto the real property owner upon which vessel is presumed abandoned. The realproperty owner must declare by affidavit the reasons why such real propertyowner believes the property to be abandoned. The real property owner must give5-days' notice to the last registered vessel owner before causing the removalof the vessel. If the last registered owner is unknown or cannot be notified,the vessel may immediately be removed to a secure location designated by a lawenforcement officer.
(b) A law enforcement officer, within 48 hours after directing the removal ofan abandoned vessel on a public waterway or public or private property, shallnotify the department of the status of the vessel.
(c) A law enforcement officer who has custody of an abandoned vessel, if thelaw enforcement agency knows or can reasonably discover the name and address oftheowner of the vessel or any person who holds a security interest in the vessel,shall notify the owner or the holder of the security interest of the locationof the vessel and the method by which the vessel may be claimed. This noticemust be sent by certified or registered mail.
(d) If the abandoned vessel is held by a law enforcement agency as evidencein the investigation or prosecution of a criminal offense, the notice requiredby subsection (c) shall be sent:
(1) Upon the decision of the law enforcement agency or prosecuting attorneynot to pursue or prosecute the case;
(2) upon the conviction of the person who committed the offense; or
(3) if the case is otherwise terminated.
(e) Failure to reclaim the vessel within 180 days after the date the noticeis mailed constitutes a waiver of interest in the vessel by any person havingan interest in the vessel and the vessel shall be deemed abandoned for allpurposes.
(f) If all recorded interests in a vessel are waived, as provided insubsection (e) or by written disclaimer, the department may issue a certificateof ownership to the law enforcement agency that has custody of the vessel. Ifnecessary, the secretary may assign a hull number to the vessel. Thissubsection shall not preclude the subsequent return of a vessel, or anycomponent part thereof, by a law enforcement agency to the registered owner ofthe vessel upon presentation by the registered owner of satisfactory proofof ownership.
(g) A law enforcement agency to which a certificate of ownership is issuedpursuant to subsection (f) may use, sell or destroy the vessel and shall keep arecord of the disposition of the vessel. If the law enforcement agency:
(1) Sells the vessel, all proceeds from the sale of the vessel shall becomethe property of the law enforcement agency.
(2) Destroys the vessel, the law enforcement agency shall, within 10 days,give notice of the destruction of the vessel to the department.
32-1157.Same; notification of parties havinginterests in vessel; failure to reclaim; use, sale or destruction by lawenforcement agency.(a) A law enforcement officer may attempt to identify theregistered owner of a vessel abandoned on private property by inspection of thevessel and any trailer to which it is attached and may supply the informationto the real property owner upon which vessel is presumed abandoned. The realproperty owner must declare by affidavit the reasons why such real propertyowner believes the property to be abandoned. The real property owner must give5-days' notice to the last registered vessel owner before causing the removalof the vessel. If the last registered owner is unknown or cannot be notified,the vessel may immediately be removed to a secure location designated by a lawenforcement officer.
(b) A law enforcement officer, within 48 hours after directing the removal ofan abandoned vessel on a public waterway or public or private property, shallnotify the department of the status of the vessel.
(c) A law enforcement officer who has custody of an abandoned vessel, if thelaw enforcement agency knows or can reasonably discover the name and address oftheowner of the vessel or any person who holds a security interest in the vessel,shall notify the owner or the holder of the security interest of the locationof the vessel and the method by which the vessel may be claimed. This noticemust be sent by certified or registered mail.
(d) If the abandoned vessel is held by a law enforcement agency as evidencein the investigation or prosecution of a criminal offense, the notice requiredby subsection (c) shall be sent:
(1) Upon the decision of the law enforcement agency or prosecuting attorneynot to pursue or prosecute the case;
(2) upon the conviction of the person who committed the offense; or
(3) if the case is otherwise terminated.
(e) Failure to reclaim the vessel within 180 days after the date the noticeis mailed constitutes a waiver of interest in the vessel by any person havingan interest in the vessel and the vessel shall be deemed abandoned for allpurposes.
(f) If all recorded interests in a vessel are waived, as provided insubsection (e) or by written disclaimer, the department may issue a certificateof ownership to the law enforcement agency that has custody of the vessel. Ifnecessary, the secretary may assign a hull number to the vessel. Thissubsection shall not preclude the subsequent return of a vessel, or anycomponent part thereof, by a law enforcement agency to the registered owner ofthe vessel upon presentation by the registered owner of satisfactory proofof ownership.
(g) A law enforcement agency to which a certificate of ownership is issuedpursuant to subsection (f) may use, sell or destroy the vessel and shall keep arecord of the disposition of the vessel. If the law enforcement agency:
(1) Sells the vessel, all proceeds from the sale of the vessel shall becomethe property of the law enforcement agency.
(2) Destroys the vessel, the law enforcement agency shall, within 10 days,give notice of the destruction of the vessel to the department.
