29.1-733.1 - Acquiring title to an abandoned vessel.
§ 29.1-733.1. Acquiring title to an abandoned vessel.
A. Any vessel abandoned for a period exceeding 60 days is subject to theprovisions of this section.
B. A landowner, his lessee, or his agent may acquire title to any vesselabandoned on his land or the water immediately adjacent to his land.Acquisition of title, under the provisions of this section, divests any otherperson of any interest in the vessel.
C. If a vessel has a registration number assigned by the Commonwealth or anyother state, or if there are other means of identifying the owner, the persondesiring to acquire title shall make a good faith effort to secure theowner's and lien holder's last known address. He shall notify the owner andthe lien holder by registered letter that if ownership is not claimed and thevessel not removed within 30 days, he will apply for title to the vessel inhis name.
D. The person desiring to acquire title also shall place a notice, to appearfor three consecutive days, in a newspaper of general circulation publishedin the county or city where the vessel is located. The notice shall describethe vessel, its location, and any identifying number or numbers. The noticeshall state that if the vessel is not claimed and removed within 30 daysafter the first day the notice was published, the person who has placed thenotice shall apply to the Department for title to the vessel.
E. At the end of the 30 day period the person seeking to acquire the vesselshall apply to the Department for title. The application shall be accompaniedby the following: (i) an affidavit stating that to the best of theapplicant's knowledge the vessel has been abandoned for a period of at least60 days; (ii) proof that the registered letter required by the Department wasmailed at least 30 days prior to application or a detailed explanation of thesteps taken to identify the owner and lien holder; and (iii) proof that anotice was printed in a newspaper as required in subsection D of this section.
F. Upon receipt by the Department of all items required by subsection E ofthis section, and after all fees and taxes due have been paid, the Departmentshall then issue title to the vessel to the applicant.
G. All costs incurred in obtaining title to a vessel under this section shallbe borne by the applicant.
(1988, c. 25; 2005, c. 225.)