7 Abandoned Vessels
7. ABANDONED VESSELS
7.1 DEFINITIONS (OCGA § 52-7-70)
(A) "Abandoned vessel" means a vessel:
(1) Which has been left by the owner or some person acting for the owner with a vessel 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 thirty (30) days after the time agreed upon; or within thirty (30) days after such vessel is turned over to such dealer, repairman, or wrecker service when no time is agreed upon; or within thirty (30) days after the completion of necessary repairs;
(2) Which is left unattended upon or in any public water or at any port in this state without the consent of the agency having jurisdiction or docked at any private property without the consent of the owner of such property for a period of at least five (5) days and when it reasonably appears to a law enforcement officer that the individual who left such vessel unattended does not intend to return and remove such vessel;
(3) Which has been lawfully towed onto the property of another at the request of a law enforcement officer and left there for a period of not less than thirty (30) days without anyone's having made claim thereto;
(4) Which has been lawfully towed onto the property of another at the request of a property owner on whose property the vessel was abandoned and left there for a period of not less than thirty (30) days without the owner's having made claim thereto; or
(5) Which has been left unattended on private property for a period of not less than thirty (30) days without anyone's having made claim thereto.
(B) "Owner" means the owner, lessor, lessee, security interest holders, and all lienholders as shown on the records of the Department of Natural Resources.
(C) "Vessel" means every description of watercraft, other than a seaplane on the water, used or capable of being used as a means of transportation on water and specifically includes, but is not limited to, inflatable rafts.
7.2 CREATION OF LIEN (OCGA § 52-7-73)
(A) After complying with the notification requirements set forth in 7.3, infra, any person/entity who removes or stores any vessel which is or becomes an abandoned vessel shall have a lien on such vessel for the reasonable fees connected with such removal or storage plus the cost of any advertisement.
(B) The lien may be foreclosed in magistrate courts only when the amount of the lien does not exceed $15,000.00.
7.3 NOTIFICATION PROCEDURE (OCGA § 52-7-71)
(A) If the vessel was removed from public...
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- 1 Small Claim Cases
- 2 Landlord-Tenant
- 3 Personal Property Foreclosures
- 4 Garnishment
- 5 Abandoned Mobile Homes
- 6 Abandoned Motor Vehicles
- 7 Abandoned Vessels
- 9 Contempt
- 10 Evidence and Witnesses
- 11 Arrest
- 12 Search Warrants
- 13 Initial Appearance of Defendant
- 14 Bond
- 15 Court of Inquiry (Commitment or Preliminary Hearing)
- 16 Criminal Trial and Sentencing Procedure
- 17 Deposit Account Fraud Prosecutions
- 18 Ordinances
- 19 Extraditon
- 20 Good Behavior Bonds
- GA Benchbook Ch. 21 Appointing Qualified Interpreters
- AI A Thumbnail Sketch of Damages
- Bl Uniform Rules for the Magistrate Courts
- B2 Supreme Court Rule for Interpreters
- B3 Appointing Qualified Interpreters
- C1 Limitations of Prosecutions
- C2 Jurisdiction and Venue
- C3 Warrantless Searches
- C4 Continuances in Criminal Cases
- 5 Right to Counsel (6th Amendment, Miranda not covered)
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