In the statutes the state Department of Transportation (DOT) has the responsibility of selling or disposing of abandoned or derelict boats.

It is illegal for a person to abandon a boat upon any public water, port, or harbor, or upon private property without the consent of the owner. A boat that has been left unattended for more than 30 continuous days on waters of the state, public property, or private property without the consent of the owner or occupant of the property may be taken into custody by DOT or by a peace officer. The agency taking custody of the boat is required to post notice on the boat and by mail to the owner and lienholder, if any, that the boat will be sold at public auction. If the boat is not claimed, it may be sold 20 days after the posting of the notice.

NOTE: The above paragraph outlines the procedures in statutes however the current DOT policy is to take no action on abandoned boats.

If a person wants to take possession of an abandoned boat, refer the person to DOT. To legally become the owner of an abandoned boat, the person would have to have a bill of sale from DOT or another government agency that has taken custody of the boat and sold it at public auction under these same statutes.

As we do not title boats, we allow a person to complete an Affidavit of Ownership (Form 848) on a boat that they do not have a bill of sale for, in order to register the boat in their name.

We should be requiring the owner to provide proof of ownership in the form of a bill of sale or an Affidavit of Ownership (Form 848). We do not need to be concerned with reconstruction, as we do not title boats.

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