GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1999 



1 State, must comply with all applicable federal and 



2 State laws, regulations, and rules. 



3 ( 4 ) The Secretary is authorized to sell abandoned 



4 vessels, their cargo, tackle, and equipment. The 



5 Secretary may provide for a public sale of the 



6 property, including public notice of the 



7 description of the property prior to the time set 



8 for sale. The procedure may include turning the 



9 property to be sold over to some other agency for 



10 sale, provided that there is proper accounting for 



11 the net proceeds of the sale. In the case of 



12 property that cannot lawfully be sold or is 



13 unlikely to sell for a sufficient amount to offset 



14 the costs of sale, the Secretary may provide either 



15 for destruction or disposal of the property or 



16 legitimate utilization of the property by some 



17 public agency. Net proceeds of the sale shall be 



18 used to reimburse the State for costs incurred in 



19 removal, storage, and sale of the vessel, 



20 notification of the owner, and restoration of the 



21 environment. Any excess proceeds shall be refunded 



22 to the registered owner, if his or her identity and 

 2 3 address is known. Prior to sale, the registered 

 24 owner of the abandoned vessel or any person with an 

 2 5 interest in the property may redeem the property by 



26 reimbursing the State for all costs incurred in 



27 removing and storing the vessel, notifying the 



28 owner, and restoring the environment. 



29 (f) The Secretary may, either before or after the institution 



30 of proceedings under subsection (e) of this section, institute a 



31 civil action in the superior court in the county where the vessel 



32 is located or where the owner or other responsible party resides 



33 for removal of the vessel, damages, injunctive relief, recovery 



34 of the costs of removal, storage and sale of the vessel, and 



35 other relief as the court may deem proper, to prevent or recover 



36 for any damage to any lands or property which the State holds in 



37 public trust and to restrain any violation of this section. 



38 (g) The provisions of this section shall be implemented by the 



39 Department of Environment and Natural Resources in cooperation 



40 with the Wildlife Resources Commission." 



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