§200-44 Possession by interested party. Any person having an interest in the vessel taken into custody may take possession of the vessel prior to the date of public auction upon payment to the state or county agency that took custody of the vessel of all use fees, towing, handling and storage charges, appraisal and advertising expenses, and any other expenses incurred by that state or county agency in connection with the vessel. If the person taking possession of the vessel is not the registered or documented owner, the person, prior to taking possession of the vessel, shall pay the foregoing expenses and post security satisfactory to the state or county agency, which shall not exceed the value of the vessel. The security, if not forfeited, shall be returned to the person posting it within two years after receipt. [L 1991, c 272, pt of §2; am L 2004, c 70, §3; am L 2012, c 146, §3]
Case Notes
State had no statutory basis upon which to charge fees for the impoundment and disposal of vessel under §200-49 or this section where vessel had not been repossessed and State had engaged in the negotiated sale of the vessel for a purchase price of $0.00. 91 H. 1, 979 P.2d 586.
Structure Hawaii Revised Statutes
Title 12. Conservation and Resources
200. Ocean Recreation and Coastal Areas Programs
200-2 Board of land and natural resources, powers and duties.
200-2.5 Disposition of state boating facility properties.
200-2.6 Ala Wai boat harbor; leases.
200-3 Ocean recreation and coastal areas programs.
200-4.5 Safety of ocean users; rules.
200-4.6 Alternate access to state boating facilities; rules.
200-5 Commercial harbors excluded.
200-6 Limitation of private use of ocean waters and navigable streams.
200-7 Waiver of mooring charges
200-8 Boating program; payment of costs.
200-9 Purpose and use of state small boat harbors.
200-10 Permits and fees for state small boat harbors; permit transfers.
200-12 Administration of state small boat harbors.
200-12.5 Native Hawaiian canoes; education.
200-14 Violation of rules; penalty.
200-14.5 General administrative penalties.
200-15 Vessels or property taken into legal custody; unauthorized control.
200-16 Unauthorized vessels; impoundment and disposal proceedings.
200-16.5 Responsibility of vessel owner; evidence of unauthorized mooring.
200-17 Designated slip for Coast Guard auxiliary.
200-18 Records of suspensions and revocations of operating privileges to be maintained.
200-19 Private financing of small boat harbor improvements.
200-20 Hawaiian outrigger canoes on state shoreline areas.
200-29 Accident reports by operators; confidential nature.
200-30 Reciprocal agreements and courtesy.
200-31 Vessels required to be registered and numbered.
200-33 Future fee and charge increases or decreases.
200-34 Disposition of revenues.
200-36 Preemption of local law and special rules.
200-37 Operation of thrill craft; parasailing; water sledding; commercial high speed boating.
200-37.5 Emergency communication devices.
200-38 Ocean recreation management areas.
200-39 Kaneohe Bay ocean use activities; permits; restrictions.
200-40 Marine events; permits; exclusive use; cancellation fee.
200-41 Abandonment of vessels.
200-43 Public auction; disposition of abandoned vessels.
200-44 Possession by interested party.
200-47 Disposition of proceeds.
200-49 Disposition of derelict vessel.
200-53 Sale or disposition of vessel.
200-54 Disposition of proceeds.
200-55 Effect of transfer of title.
200-62 Trespass to vessel; penalty.
200-63 Questioning and detaining suspected persons aboard a vessel.
200-72 Defacing, etc., vessel hull identification numbers.