House Bill 454

AN ACT TO PROVIDE PROCEDURES FOR THE DISPOSAL OF ABANDONED VESSELS; TO PROVIDE THE STATEMENT OF PURPOSE; TO PROVIDE THE PROCEDURES; TO PROVIDE THAT CERTAIN PROCEEDS ESCHEAT TO THE STATE; TO REQUIRE INQUIRY WITH COMMISSION ON WILDLIFE, FISHERIES AND PARKS BEFORE DISPOSAL; TO REQUIRE NOTICE TO LIENHOLDERS; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. The intent of this chapter is to provide a means for removing abandoned vessels from the right-of-way and open lands and waters of the state to enhance the beauty of the countryside and the health and welfare of its citizens. It is also to provide a means of relieving vessel dealers, repairmen, and others dealing in vessels from unnecessary storage of deteriorated vessels which prevent the use of such floorspace or property for storage for hire or use in their business, and is therefore in the public interest.

SECTION 2. (1) For the purposes of this chapter, an "abandoned vessel" shall mean a vessel as defined by Section 59-25-1:

(a) Which has been left by the owner, or some person acting for the owner, with a dealer, repairman or wrecker service for repair or for some other reason and has not been called for by such owner or other person within a period of forty (40) days after the time agreed upon or within forty (40) days after such vessel is turned over to such dealer, repairman or wrecker service when no time is agreed upon.

(b) Which is left unattended on a public street, road, highway, or other public property for a period of at least five (5) days.

(c) Which has been lawfully towed onto the property of another at the written request of a law enforcement officer and left there for a period of not less than forty (40) days without any one having made claim thereto.

SECTION 3. (1) Any vessel dealer, wrecker service, or repair service owner, or any person or party on whose property a vessel is lawfully towed at the written request of a law enforcement officer, who shall have an abandoned vessel on his property, may sell, free and clear of all claims, such vessel by public auction, or if the abandoned vessel has no market value, may dispose of the same after having received at least two (2) written statements from licensed dealers as to the worthlessness of such vessel and after compliance with subsection (2) of this section and Section 5 of this act. An abandoned vessel as defined by Section 2 of this act shall not be sold at auction until thirty (30) days from date of removal from a public street, road, highway or other public property.

(2) The person authorized to execute the sale or disposal of an abandoned vessel shall notify, within ten (10) days of receipt of such vessel, any Mississippi lienholder on such vessel that unless a claim on the vessel is made within thirty (30) days of such notice, the vessel will be sold or destroyed.

(3) After the sale of any vessel as set out hereinabove is made, the person or officer designated and making the sale of such property shall promptly upon completion of the sale deliver to the chancery clerk a list or itemization of the property sold, the amount paid for each item, the person to whom each item was sold, and all monies received from such sale, the gross charges levied by the person making the sale against the property sold and the net amount paid over to the chancery clerk. Any sale made by any person, officer, corporation or association, shall have attached to the report of sale a sworn statement certifying as to the date such personal property or items sold first came into his possession or was abandoned on his premises and the date said personal property or item was sold.

(4) The proceeds of the sale in excess of repair, towing and storage expenses and all expenses incurred in connection with a sale when a sale is made under the provisions of this chapter, shall escheat to the county and shall be paid over to the chancery clerk to be placed into the general fund of the county in which the vessel is abandoned. However, in those municipalities availing themselves of the provisions of Section 21-39-21, the proceeds of the sale in excess of the repairs, towing, storage or other necessary expenses incurred shall escheat to the general fund of the municipality.

SECTION 4. Prior to disposition of an abandoned vessel any dealer, wrecker service or repair service owner, or any person on whose property such a vessel is lawfully towed at the written request of a law enforcement officer, shall inquire of the Mississippi Commission on Wildlife, Fisheries and Parks as to the status of the vessel in regard to the Mississippi Boating Law of 1960. The inquiry shall provide the description of the vessel including the vessel certificate of number. Upon request of the Mississippi Commission on Wildlife, Fisheries and Parks, satisfactory evidence must be furnished as to abandonment in compliance with this chapter. Upon receipt of notification of the foregoing, the commission shall advise any dealer, wrecker service or repair service owner, or any person on whose property such a vessel is lawfully towed at the written request of a law enforcement officer, of proper certificating and titling procedures, where indicated, depending upon method of disposition of the vessel.

SECTION 5. The last known registered owner of an abandoned vessel and all lienholders of record, when such information is reasonably obtainable, shall be notified by registered or certified mail that such vessel will be sold pursuant to the provisions of this chapter. The notice shall give such owner and lienholders the date, time and place of sale and name of the person or party who has custody of such vessel.

If the identity of the last registered owner cannot be determined, or if the registration contains no address for the owner, or if it is impossible to determine with reasonable certainty the identity and addresses of all lienholders, notice by three (3) publications once each week for three (3) consecutive weeks in a newspaper of general circulation in the county where the vessel was abandoned shall be sufficient to meet all requirements of notice pursuant to this chapter.

SECTION 6. Any person proving ownership or any lienholder may claim subject vessel at any time prior to sale by paying towing, repair, storage and other necessary expenses incurred.

SECTION 7. This act shall take effect and be in force from and after July 1, 2016.