The day a sailboat washed up

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  • hoosierdoc

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    Apr 27, 2011
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    Yesterday I saw a two-masted sailboat several miles down the beach not really moving. I figured they were anchored. Sails were down. This morning it was just off our beach. Front sail was in the water, anchor swinging at water level, drifting against the sandbar. Saw the name was "phantom of the aqua". Called police to report a boat in distress, they knew about it from yesterday. Said it was abdandoned.

    i googled the name and found it was available for charter. I called the number and left a VM and then texted the guy. He responded and we chatted a bit. Lost the boat in Irma by Tampa. He called a marina who anchored it for him and was sending a tow boat. Yesterday. I mentioned it was drifting along the sandbar today but seemed in good shape. Then about an hour later it cleared the sandbar and washed ashore. He was devastated. Anchor job by the marina failed and the tow boat never showed up. Was supposed to be there by 3pm yesterday. Now that boat is totaled.

    First he thought it was gone from storm, then it was salvageable, now it's ruined. What a ride.

    https://www.youtube.com/channel/UCWzMKL9XVyDPp4nkFaN7GaQ

    youtube channel with videos leading up to his leaving the boat. He activated EPIRB.

    TbVqix.jpg
     

    Salty

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    That is sad. I can't help but think of Roscoe P. Coltrane when I watch that Captain John video though. Is it just me?
     

    Libertarian01

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    You should have gone out and saved it IF you could.

    That way you could legally claim a chunk of its value and any cargo value as righr of salvage under maritime law.

    Doug
     

    Leadeye

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    At this point is it something for the junk yard? I've wondered with all the regs on pollution around the ocean if the state just doesn't contract someone to clean it up then send out a bill.
     

    hoosierdoc

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    The state opens an investigation to find the owner. The owner pays for that. Once contacted you have certain amount of time to remove it or they will and charge you. This boat is on a hugely popular beach outside a huge condo village at spring break, I'm sure they'll block a decent distance around the boat. Gonna be expensive to haul that off the sand I bet
     

    Dirtebiker

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    The state opens an investigation to find the owner. The owner pays for that. Once contacted you have certain amount of time to remove it or they will and charge you. This boat is on a hugely popular beach outside a huge condo village at spring break, I'm sure they'll block a decent distance around the boat. Gonna be expensive to haul that off the sand I bet
    Not only got to go to Florida, but in a time machine?!
    LUCKY!!!!
     

    Libertarian01

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    Abandoned Vessel Claims Process FAQs

    not according to Florida law. Interesting FAQ there. Plus it was pitching badly in waves, would have been tough to board. One guy did do so and got a sail up a bit briefly before dropping it and getting off. It drifted through as we were packing to leave.


    I am certain Florida doesn't like it but Federal Maritime Law overrides state law, and "Under settled principles of admiralty jurisdiction, the federal district courts have subject matter jurisdiction in cases involving marine salvage." (Admiralty and Maritime Law, Thomas J Schoenbaum, Pg #501 1987)

    Further quoting, "The Salvage Act gives rise to a right of reward, and a maritime lien is created in the salvaged property."

    There are three (3) elements of a valid salvage claim:

    #1) There must be a marine peril placing the property at risk of loss, destruction, or deterioration;

    #2) The salvage service must be voluntarily rendered and not required by an existing duty or special contract, and;

    #3) The salvage efforts must be successful, in whole or in part.

    For some reason I thought a book on Admiralty and Maritime Law would be really cool to have. I thought the salvage area was neat to read. By the way, salvage law also applies to inland rivers so long as they are navigable.

    Regards,

    Doug
     

    hoosierdoc

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    The above sounds like the law would support me getting reimbursed for saving his boat, but would not give me his boat. Am I reading it wrong?

    Have you reas Ship of Gold about the USS Central America gold find? They talk quite a bit about the legal process to claim a "lost" vessel.
     
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