§ 32-34-10-4 — Sale of watercraft and recovery of maintenance costs; procedure

Indiana § 32-34-10-4

• Jurisdiction: Indiana
• Title 32: PROPERTY
• Art. 34: LOST OR UNCLAIMED PERSONAL PROPERTY
• Ch. 10: Sale of Abandoned Watercraft

Text

To sell a watercraft and recover charges under
section 2 of this chapter, a marina operator must do all of the following:
(1) Perform a search of watercraft titles for the name and address
of the owner of the watercraft and the name and address of any
person holding a lien or security interest on the watercraft. The
search required by this subdivision must be conducted in the
following order:
(A) First, in the records of the state of registration as indicated
on the exterior of the watercraft.
(B) Second, in the United States Coast Guard registration
records maintained by the National Vessel Documentation
Center.
(C) Third, in the records of the bureau of motor vehicles.
(2) After receiving the results of the search required by
subdivision (1), give notice by certified mail, return receipt
requested, or in person, to the last known address of the owner of
the watercraft, to any lien holder with a perfected security interest
in the watercraft, and to all other persons known to claim an
interest in the watercraft. The notice must include an itemized
statement of the charges, a description of the watercraft, a demand
for payment within a specified time not less than ten (10) days
after receipt of the notice, and a conspicuous statement that unless
the charges are paid within that time, the watercraft will be
advertised for sale and sold by auction at a specified time and
place.
(3) Advertise that the watercraft will be sold at public auction in
conformity with the provisions of IC 26-1-7-210 and IC 26-1-2-328. The advertisement of sale must be published once a
week for two (2) consecutive weeks in a newspaper of general
circulation in the county where the watercraft has been left
without permission. The advertisement must include a description
of the watercraft, the name of the person on whose account the
watercraft is being held, and the time and place of the sale. The
sale must take place at least fifteen (15) days after the first
publication. If there is no newspaper of general circulation where
the sale is to be held, the advertisement must be posted at least ten
(10) days before the sale in not less than six (6) conspicuous
places in the neighborhood of the proposed sale.
(4) Conduct an auction sale, not less than thirty (30) days after the
return receipt is received by the marina operator, on the marina
property where the watercraft was left without permission.
(5) Provide a reasonable time before the sale for prospective
purchasers to examine the watercraft.
(6) Sell the watercraft to the highest bidder.
(7) Immediately after the auction sale, execute an affidavit of sale
in triplicate on a form prescribed by the bureau of motor vehicles
stating:
(A) that the requirements of this section have been met;
(B) the length of time that the watercraft was left on the marina
property without permission;
(C) the expenses incurred by the marina operator, including the
expenses of the sale;
(D) the name and address of the purchaser of the watercraft at
the auction sale; and
(E) the amount of the winning bid.
[Pre-2002 Recodification Citation: 32-8-40-4.]

Legislative History

As added by P.L.2-2002, SEC.19.