§ 46-22.1-3.1. Registration without certificate of title.
If an applicant is unable to provide a valid certificate of title for a vessel required
to be titled under the provisions of this chapter then:
(1) As a condition of issuing a certificate of title, the department may accept a surety
bond, in an amount equal to the value of the boat, which shall be conditioned to protect
the department and all officers and employees of the department, any subsequent purchaser
of the boat, any person holding or acquiring a lien or security interest on the boat,
and any successor in interest of said purchaser or person, again
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§ 46-22.1-3.1. Registration without certificate of title.
If an applicant is unable to provide a valid certificate of title for a vessel required
to be titled under the provisions of this chapter then:
(1) As a condition of issuing a certificate of title, the department may accept a surety
bond, in an amount equal to the value of the boat, which shall be conditioned to protect
the department and all officers and employees of the department, any subsequent purchaser
of the boat, any person holding or acquiring a lien or security interest on the boat,
and any successor in interest of said purchaser or person, against any loss or damage
on account of any defect in or undisclosed claim upon the right, title and interest
of the applicant or other person in and to the boat. Any aforementioned interested
person shall have a right of action to recover on the bond for any breach of its conditions,
but the aggregate liability of the surety to all persons shall not exceed the amount
of the bond. The bond shall expire no later than three (3) years after the date it
became effective.
(2) In the alternative, an applicant may apply to the superior court for a hearing to
determine the title to the vessel. The superior court shall require advertisement
once a week for two (2) consecutive weeks in a paper of statewide circulation, and
notice by certified mail return receipt requested to: (i) the department of environmental
management; and (ii) any and all registered owners, title or lien holders, at their
last known address, at least ten (10) days prior to the hearing date, together with
any other provisions for notice the court may require. The burden shall be on the
applicant to demonstrate ownership of the boat to the court, by a preponderance of
the evidence, prior to the issuance of the title. After a hearing, the superior court
shall issue an appropriate order. The superior court may order the department to title
the vessel in the name of the applicant. Said order issued by the court shall protect
the department, all officers and employees of the department, any subsequent purchaser
of the boat, any person holding or acquiring a lien or security interest on the boat,
and any successor in interest of said purchaser or person against any loss or damage
on account of any defect in or undisclosed claim upon the right, title and interest
of the applicant or other person in and to the boat.