Re: How Do I Remove Outboard Off The Beach
That's too bad but I am not surprised (my comment from my previous post is below). I have spent most of my free/vacation time on empty beaches and have been around many beached vessels; seen some rescued and more blown apart by the surf.
The biggest waste comes in situations like this where the law requires you to stand by and watch it happen. This is because the laws are designed to deal with boating 100 years ago: either a ship washed up and the laws mattered and timing didn't, or a skiff with no motor washed up and time was not that important, you just dragged it up to the tide line and then dealt with it. I have the 1849 Code of Virginia right here and it's not very different from today's statute on "estrays or vessels found adrift."
Then they add all the environmental regulations, coupled with the inconsistency of Federal maritime law, state property law, and local ordinances. And God help you if the beach is also Federal land.
I'm not making this up. The US District Court recently issued a 31 page opinion regarding a person who picked up a piece of rope from a boat washed up on Chincoteague (federal wildlife refuge). Was it abandoned? Who abandoned it? To whom was it abandoned? Or was it still owned by X? or now Y? on and on. Same judge who worked on some of the Titanic cases, I believe.
After a 36' boat washed up on our island, I said something to the Coasties about salvage. They said, start with the fuel and better do it right. I said no thanks.
A 24' with twin mercs about 200hp each sat in the surf line for a couple months until a big storm tore it down. Took less than a week for a 42' wooden sailboat to be spread over 4 miles (that one got stripped w/ owner's permission, but in 1 tide cycle on a deserted island, no bridge.)
Meanwhile some jerk found a small boat that had floated off and instead of doing the right thing and telling the owner (there was one) he decided to go all law-of-salvage over it. Fine, said the authorities. he had to pay all kinds of money, run all kinds of ads, serve all kinds of notices, and then give it back to the owner.
In your case, the first sheriff was wrong, and I bet if you drilled down on it, the other LEO's and the guy claiming ownership weren't 100% right. Since you asked, they had to say, "put it back." I'd like to think that if you didn't, but still made the motor available down the line to whoever has the best claim, you wouldn't be in trouble. Might even get reimbursed for your plywood.
Until the laws are updated and coordinated, the absurd will be the results of following the law. But who is going to take on the project to revise the laws, and what legislator is going to care?
Sorry you didn't get away with it. I was rooting for you. You earned it, I don't care what they say.
..."And after you get to the top step, you get to hand it over to the Federal marshalls assigned to seize and sell the drug runner's assets. He will be most grateful. (Do not attempt to use the "law of salvage" or worse, listen to the advice about what it says and how it applies)...."
