Section 33-5A-1 Definitions. As used in this chapter, the following terms shall have the following meanings: (1) ABANDONED VESSEL. A vessel left unattended for four or more weeks after a hurricane, tropical storm, or other natural event resulting in a declaration of emergency by the Governor or, in the absence of a hurricane, tropical storm, […]
Section 33-5A-10 Unattended vessel check. (a) A law enforcement officer may perform an unattended vessel check on a vessel that has been left unattended on public property. The unattended vessel check shall consist of actions that are reasonably necessary to determine that the unattended vessel does not contain an injured or incapacitated person and to […]
Section 33-5A-11 Refusal or failure to remove derelict vessel. (a) It is unlawful for a person who is the owner of a derelict vessel to refuse or fail to remove the derelict vessel from the waters of this state within 24 hours after a verbal or written request from a law enforcement officer. (b)(1) A […]
Section 33-5A-12 Rulemaking authority. The Alabama State Law Enforcement Agency may adopt rules for the implementation and administration of this chapter. (Act 2018-179, §12.)
Section 33-5A-2 Removal. (a) A law enforcement officer may request a service to remove a vessel from public property under any of the following circumstances: (1) The vessel is determined by the officer to be abandoned. (2) The vessel is left unattended because the operator of the vessel has been arrested. (3) The vessel is […]
Section 33-5A-3 Duty. (a) Except as provided in Section 33-5A-5, a person who removes a vessel pursuant to this chapter shall do all of the following: (1) Give written notice of the removal to the agency within five calendar days. The notice shall include a complete description of the vessel, the vessel identification number, and […]
Section 33-5A-4 Liens and fees; sale. Except for vessels subject to Section 33-5A-5: (1) A person who removes, stores, or sells a vessel in accordance with this chapter shall have a lien on the vessel for all of the following: a. The reasonable fees connected with the removal and storage of the vessel. b. The […]
Section 33-5A-5 Disposal of certain abandoned and derelict vessels. (a)(1) The agency, without a court order, may sell by negotiation, dispose of as junk, donate, or destroy an abandoned or derelict vessel that is not redeemed within 30 days if the vessel, as determined by an independent appraiser, is worth less than the cost of […]
Section 33-5A-6 Proceeds of the sale. The proceeds of the sale of an abandoned or derelict vessel shall be distributed by the agency as follows: (1) The reasonable fees and costs incurred in the seizure and sale of the vessel, including, but not limited to, removal and storage costs, court costs and filing fees, and […]
Section 33-5A-7 Right to contest sale. (a) The current owners, registrants, secured parties, and lienholders of record of a vessel may contest the sale of a vessel by filing a notice of appeal with the court that ordered the sale within two years of the sale of the vessel. (b) The court shall conduct a […]
Section 33-5A-8 Right of redemption. (a) Where a vessel, or an interest in a vessel, is sold under this chapter, the vessel may be redeemed by any of the following: (1) The debtor, including any surety or guarantor. (2) A judgment creditor, or its transferee. (3) A transferee of the interests of the debtor, either […]
Section 33-5A-9 Alabama Abandoned and Derelict Vessel Fund. (a) There is established a special fund within the State Treasury to be known as the Alabama Abandoned and Derelict Vessel Fund. (b) The fund shall be placed under the management or administration of the Secretary of the Alabama State Law Enforcement Agency for payment of the […]
