§843. Objects; removal; disposition
A.
(1)The owner of any tug, towboat, barge, watercraft, ship, vessel, equipment,
machinery, or any object of any kind or description, whether foreign or domestic, which has
been left unattended, stored, junked, or abandoned in any canal, coulee, drainage ditch,
outfall canal, bayou, bay, lake, or any other waterway, whether navigable or not, or on the
banks thereof within the state of Louisiana, or the owner of any such object moored or tied
off in a drainage ditch or canal, or in an outfall canal shall remove the object from the
waterway or bank within thirty days after receipt of a written notice by certified mail from
the federal, state, or local governing authority having jurisdiction thereof, hereinafter referred
to as "authority", to remove the obj
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§843. Objects; removal; disposition
A.(1) The owner of any tug, towboat, barge, watercraft, ship, vessel, equipment,
machinery, or any object of any kind or description, whether foreign or domestic, which has
been left unattended, stored, junked, or abandoned in any canal, coulee, drainage ditch,
outfall canal, bayou, bay, lake, or any other waterway, whether navigable or not, or on the
banks thereof within the state of Louisiana, or the owner of any such object moored or tied
off in a drainage ditch or canal, or in an outfall canal shall remove the object from the
waterway or bank within thirty days after receipt of a written notice by certified mail from
the federal, state, or local governing authority having jurisdiction thereof, hereinafter referred
to as "authority", to remove the object. Concurrently with the giving of any notice to an
owner, the authority shall provide written notice by certified mail to each holder of a properly
filed and perfected ship mortgage filed pursuant to 46 U.S.C. 31301 et seq., as reflected in
an Abstract of Title obtained from the National Vessel Documentation Center or security
interest encumbering any such vessel or object subject to this Section. For purposes of this
Section, if the owner of a vessel has not been issued a certificate of documentation by the
United States Coast Guard under 46 U.S.C. 121 and has not been issued a certificate of title
by the Department of Wildlife and Fisheries pursuant to R.S. 34:852.1 et seq., then the owner
of the vessel shall be presumed to be the last known registrant of the vessel. This shall be a
rebuttable presumption. In the event that the owner or registrant cannot be identified or
located by the authority, the authority shall publish in the official journal of the parish where
the object is located, a notice that the object shall be removed at any time after thirty calendar
days of publication of the notice at the cost of the owner and shall be disposed of. If the
object poses no immediate danger to life or property, the owner shall, within thirty days after
receipt of notice by certified mail, present to the authority having jurisdiction over the matter,
a plan for the removal of the object as soon as possible, considering factors of safety, cost,
and efficiency in accomplishing the removal. The authority shall approve or reject the plan
within thirty days from the date of submission by the owner.
(2) In the event the moored, tied off, unattended, stored, junked, or abandoned object
poses immediate danger to life or property, it shall be removed by the owner immediately
upon receipt of written or oral notice to remove. Any object within one hundred feet of a
drainage pump discharge station is presumed to be an immediate danger to life or property.
B.(1) In the event that a plan for removal of the object is not presented to the
authority, or a plan is not approved by the authority, within the periods provided for in
Paragraph A(1), then the authority may have the object removed at the owner's cost and junk,
discard, or otherwise dispose of the object or sell, exchange, or otherwise transfer ownership
of the object to any person, corporation, or entity whatsoever for any price or consideration
which the authority may deem advisable, or for no consideration, and apply the proceeds
received, if any, to the cost of removing the object, and the balance, if any, shall become the
property of the authority.
(2) In the event the object poses immediate danger to life or property and is not
removed upon written or oral notice to remove as provided in Paragraph (A)(2) of this
Section, or the owner cannot be identified or located, the authority may cause the removal
of the object at the owner's cost, risk, and expense, and may discard or otherwise dispose of
the object, or sell, exchange, or otherwise transfer ownership of the object to any person,
corporation, or entity whatsoever for any price or consideration which the authority may
deem advisable, or for no consideration, and apply the proceeds received, if any, to the cost
of removing the object, and the balance, if any, shall become the property of the authority.
C. The authority shall not be liable or responsible to the owner or other claimant of
the object for any damage to or destruction of the object in connection with the removal,
storage, sale, or other disposition of the object.
D. Whoever violates the provisions of this Section shall be fined five hundred dollars
or imprisoned for not more than six months, or both.
E. In the event the object is not removed by the owner within the periods provided
for in this Section, any third party may remove the object at their own expense and junk,
discard, or otherwise dispose of the object or sell, exchange, or otherwise transfer ownership
of the object to any person, corporation, or entity for any price or consideration.
F. The Department of Wildlife and Fisheries shall promulgate and adopt rules and
regulations to provide a clear process for the following:
(1) Parties to obtain information regarding the registration or ownership of any vessel
which has been deemed abandoned and is subject to the requirements for certificates of
documentation by the United States Coast Guard under 46 U.S.C. 121, subject to titling
pursuant to the Vessel and Motor Titling Act, R.S. 34:852.1 et seq., or is subject to
registration through the Department of Wildlife and Fisheries.
(2) Parties to obtain information regarding the identity of all holders of security
interests or preferred ship mortgages encumbering any vessel which has been deemed
abandoned and has been issued a certificate of documentation by the United States Coast
Guard under 46 U.S.C. 121 or issued a title by the Department Wildlife and Fisheries
pursuant to the Vessel and Motor Titling Act, R.S. 34:852.1 et seq.
(3) Parties to obtain a salvage title and for selling any abandoned vessel that has been
recovered.
(4) Notifying new registrants that they will be deemed as the owner and be held
responsible if the vessel is deemed abandoned.
G. Nothing in this Section shall be construed to authorize entry onto private property
without consent of the property owner.