Rhode Island General Laws 46-6-12. Sale of object removed to pay cost of removal
If the cost and expenses of removing a vessel or other obstruction as aforesaid are not paid or repaid by some owner or other person liable therefor within ten (10) days after the removal is completed, the director of the department of environmental management may sell the vessel or other obstruction, or the materials and appurtenances thereof, at public or private sale, and the net proceeds of the sale shall be paid into the derelict and abandoned vessel and obstruction removal account or treasury of the state and deducted from the amount to be repaid or recovered as provided in § 46-6-11.
History of Section.
G.L. 1896, ch. 118, § 22; G.L. 1909, ch. 144, § 22; G.L. 1923, ch. 149, § 21; G.L. 1938, ch. 112, § 21; impl. am. P.L. 1939, ch. 660, § 100; G.L. 1956, § 46-6-12; P.L. 2012, ch. 370, § 2; P.L. 2012, ch. 389, § 2.
Terms Used In Rhode Island General Laws 46-6-12
- 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
- Department: means the department of environmental management. 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