(A) A stolen or abandoned, junked, adrift, destroyed, or salvaged watercraft or outboard motor, a watercraft or outboard motor for which the true owner is not determined, or a watercraft or outboard motor on which the manufacturer's or assigned serial number has been destroyed, removed, covered, altered, or defaced may be seized.
(B) Upon seizure of the watercraft or outboard motor, the department shall notify a person claiming an interest in it, and the person has the right to prove his interest before the circuit court in the county where the property was seized. If no action is filed within sixty days of notification, the department may retain the property for official use or transfer the property to another public entity for official use, sell the property at public auction, or, if the watercraft or outboard motor is determined to be unsafe, destroy it. The proceeds derived from the sale must be deposited in the Boating Operating Fund of the department for administration of the program.
(C) When the department determines the owner of a seized watercraft or outboard motor and related marine equipment, it shall notify the owner by certified mail of the procedure, the location, and the fact that he has not less than thirty days from the date of the certified letter to remove the equipment from the department's storage facility. If a security interest has been perfected, the department must notify the lienholder by certified mail allowing thirty days to respond. Failure to respond within thirty days or remove the watercraft or outboard motor by the date designated forfeits the equipment to the department to be used or disposed of according to law.
HISTORY: 1980 Act No. 470, Section 2; 1989 Act No. 190, Section 15; 1993 Act No. 128, Section 14; 1993 Act No. 181, Section 1270; 2008 Act No. 344, Section 20, eff six months after approval (approved June 11, 2008).
Effect of Amendment
The 2008 amendment, in subsection (C), substituted the second and third sentences for a sentence which read "Failure to remove the watercraft or outboard motor by the date designated forfeits the equipment to the department to be used or disposed of according to this section."
Structure South Carolina Code of Laws
Title 50 - Fish, Game and Watercraft
Chapter 23 - Watercraft And Outboard Motors
Section 50-23-10. Marine dealer's permits.
Section 50-23-11. Dealer demonstration numbers; unauthorized use; penalties.
Section 50-23-12. Change in status forms required for trade-ins.
Section 50-23-20. Watercraft titles; notification of transfer.
Section 50-23-35. Watercraft title issuance; tax payment proof required; exceptions.
Section 50-23-55. Certificate of title as evidence of ownership; watercraft from other states.
Section 50-23-60. Application for certificate; late penalty.
Section 50-23-90. Contents of certificate; effect as evidence.
Section 50-23-110. Statement of origin.
Section 50-23-125. Electronic transmission of information for watercraft title.
Section 50-23-140. Priority and validity of liens and other encumbrances; discharge of liens.
Section 50-23-150. Lost, stolen, or mutilated certificate; issuance of duplicate certificate.
Section 50-23-170. Serial number or hull identification number.
Section 50-23-185. Inspection of watercraft related facilities.
Section 50-23-210. Suspension or revocation of certificate.
Section 50-23-220. Deposit and use of funds.
Section 50-23-240. Filing and publication of rules and regulations.
Section 50-23-250. Employment and duties of investigators.
Section 50-23-260. List of owners furnished to county auditors.
Section 50-23-270. False statement in document or other submission to department; penalty.
Section 50-23-275. Watercraft not previously titled.
Section 50-23-310. Numbering of vessels.
Section 50-23-320. Exceptions.
Section 50-23-330. Conformity to United States Government numbering system.
Section 50-23-340. Application for and issuance of number and certificate; fee.
Section 50-23-345. Temporary certificate of number.
Section 50-23-350. Issuance of certificates of number by agents.
Section 50-23-360. Display of number.
Section 50-23-370. Expiration and renewal.
Section 50-23-380. Transfer of registration upon change of ownership; fee.
Section 50-23-385. Houseboats with waste-holding tanks; indefinite mooring; waste pump-out.
Section 50-23-400. Notice of change of address.