CHAPTER 151
An Act to amend and reenact § 29.1-733.1 of the Code of
Virginia, relating to the acquisition of title to an abandoned vessel;
notification procedures.
[S 991]
Approved March 15, 2011
Be it enacted by the General Assembly of Virginia:
1. That § 29.1-733.1 of the Code of Virginia is amended and
reenacted as follows:
§ 29.1-733.1. Acquiring title to an abandoned vessel.
A. Any vessel abandoned for a period exceeding 60 days is
subject to the provisions of this section.
B. A landowner, his lessee, or his agent may acquire title to
any vessel abandoned on his land or the water immediately adjacent to his land.
Acquisition of title, under the provisions of this section, divests any other
person of any interest in the vessel.
C. If a vessel has a registration number assigned by the
Commonwealth or any other state, or if there are other means of identifying the
owner, the person desiring to acquire title shall make a good faith effort to
secure the owner's and lien holder's last known address. He shall notify the
owner and the lien holder by registered letter that if ownership is not claimed
and the vessel not removed within 30 days, he will apply for title to the
vessel in his name.
D. The person desiring to acquire title also shall place a
notice, to appear for three consecutive days issues, in a
newspaper of general circulation published in the county or city where
the vessel is located. The notice shall describe the vessel, its location, and any
identifying number or numbers. The notice shall state that if the vessel is not
claimed and removed within 30 days after the first day the notice was
published, the person who has placed the notice shall apply to the Department
for title to the vessel.
E. At the end of the 30 day 30-day period,
the person seeking to acquire the vessel shall apply to the Department for
title. The application shall be accompanied by the following: (i) an affidavit
stating that to the best of the applicant's knowledge the vessel has been
abandoned for a period of at least 60 days; (ii) proof that the registered
letter required by the Department was mailed at least 30 days prior to
application or a detailed explanation of the steps taken to identify the owner
and lien holder; and (iii) proof that a notice was printed in a newspaper as
required in subsection D of this section.
F. Upon receipt by the Department of all items required by
subsection E of this section, and after all fees and taxes due have been
paid, the Department shall then issue title to the vessel to the applicant.
G. All costs incurred in obtaining title to a vessel under
this section shall be borne by the applicant.
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