Rhode Island General Laws 46-6-11. Liability for cost of removing obstruction – Action for recovery
The owner of any vessel or of an interest in any vessel willfully or maliciously wrecked, sunken, or abandoned and removed as provided in § 46-6-10, whether owning, at the time the vessel first became an obstruction, or at any subsequent time before the removal is completed, and all persons having or exercising any control over the vessel or any part thereof, and, in the case of any other obstruction so removed, the person or persons originally building, depositing, or causing the obstruction, or at the time of the removal, or at any time prior thereto, owning, maintaining, or using the obstruction in whole or in part, shall be liable to pay the cost and expenses of the removal, or to repay the cost when paid out of the derelict and abandoned vessel and obstruction removal account or treasury as aforesaid; and the cost may be recovered in a civil action brought by the director in the name of the state against the owners or other persons, or against any one or more of them. The attorney general shall conduct and commence the suits. All moneys so repaid or recovered shall be paid into the derelict and abandoned vessel and obstruction removal account or treasury of the state. Any person who pays on a judgment or otherwise more than his or her proportional part of the costs and expenses aforesaid, shall have a claim for contribution against all other parties liable therefor according to their respective interests.
History of Section.
G.L. 1896, ch. 118, § 21; G.L. 1909, ch. 144, § 21; G.L. 1923, ch. 149, § 20; G.L. 1938, ch. 112, § 21; impl. am. P.L. 1939, ch. 660, § 100; G.L. 1956, § 46-6-11; P.L. 2012, ch. 370, § 2; P.L. 2012, ch. 389, § 2.
Terms Used In Rhode Island General Laws 46-6-11
- Abandoned vessel: means a vessel that has been left, moored, or anchored in the same area without the express consent, or contrary to the rules of, the owner, manager, or lessee of the submerged lands or waters below or on which the vessel is located for more than forty-five (45) consecutive days or for more than a total of ninety (90) days in any three hundred sixty-five (365) day period, and the vessel's owner is: (i) Not known or cannot be located; or (ii) Known and located but is unwilling to take control of the vessel. See Rhode Island General Laws 46-6-8.1
- Director: means the director of the department of environmental management. See Rhode Island General Laws 46-6-8.1
- Obstruction: means any unlawful or unauthorized structure or thing that is deposited or suffered to be or remain in the tidal waters or upon the tidal lands of the state, and in the judgment of the director, is, or is liable to cause or become an obstruction to the safe and convenient use of the waters and submerged lands of the state for navigation and other lawful purposes. See Rhode Island General Laws 46-6-8.1
- Owner: means a person, other than a lienholder, having a property interest in or title to a vessel or other obstruction. See Rhode Island General Laws 46-6-8.1
- person: may be construed to extend to and include co-partnerships and bodies corporate and politic. See Rhode Island General Laws 43-3-6
- 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. See Rhode Island General Laws 46-6-8.1