6 • October 10 - 23, 2014 • The Log
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Write to: Log Editorial, 17782 Cowan, Ste. C, Irvine, CA 92614; or email
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Can Mariners Mile remain a boating destination?
While it’s not breaking news that the strip is creeping closer to becoming a strip mall instead of a boater’s one-stop-shop, it is disconcerting. For years boat owners flocked to Mariner’s Mile to purchase boats, drop their vessels off to be worked on at one of the many boatyards or to pick up a part from a local marine shop. But soon that will be gone. Boutiques, art shops, and fast food restaurants and higher end dining are the majority of the shops a driver will see when cruising down the mile. A boatyard, boat rental business and a few dealers along with charter boat rentals are also there – but there should be more. According to Newport Beach Assistant City Attorney Steve
Datum, “there are still plenty of marine uses, so it’s not going away.” But boat owners and longtime residents contest otherwise as they have seen the mile shift from a marine-centered strip mall to a “village” focused on offering upscale dining and shopping. Datum also mentioned that the city will be reaching out to
See EDITORIAL page 21
What’s Your Beef? Do you have an opinion on anything you’ve seen in The Logor about an issue affecting Southern California boaters? Reader editorials are subject to editing and should not be more than 600 words. Submissions should be emailed to
ambrosia@thelog.com or sent to The LogEditor, 17782 Cowan, Suite C, Irvine, CA 92614. Please include your name, city of residence, phone number and/or email address (for verification purposes only).
Interesting candi- date lineup
Editor: I’ve been following the
speeches being given by the candidates running for elec- tion and I have to say, it will be interesting to see who will win. As a boater, I was sur- prised to hear of Marshal Duffield’s run for City Council since he never seemed too
That’s Some Name — Pile On
Purchasing a bank repo boat Q
By David Weil, Esq.
I am in the process of buying a 40-foot motor yacht that was a bank
repo. The broker disclosed that the previous owner was a cou- ple years behind on his proper- ty tax payments, and I am con- cerned that the county may assert a lien against the boat or take some kind of action against the boat after I take title. In a normal purchase I could probably get the seller to pay the back taxes but the bank won’t negotiate. What are my legal rights in a case like this?
property owned by a debtor. A
interested in throwing his hat in the ring prior to this upcoming election. Will The Log be covering
more of Duffy’s run for a seat on the city council? If so, it would be helpful to many of us boaters and local residents, if we can throw out a few questions.
A Voter Newport Beach
What the boating safety law means
for boat owners Editor:
The Log reader, Craig Toomey and a San Diego Yacht broker, captured this photo of a harbor seal that “piled on” the boat named Pile On, while cruising Newport Harbor.
As an experienced boater I can attest to the many instances of a too close call. Kayakers, small boat users and stand up pad- dleboarders do not seem to comprehend the importance of reading up on the Rules of the Road. I, for one, am sick and
Does your custom boat name show your love for boating? Send The Log a picture, and let us share it. Email your photo, contact information and a short caption to
ambrosia@thelog.com or send it to The Log Editor, 17782 Cowan, Ste. C, Irvine, CA 92614.
Creditors, including tax agencies, may pur- sue claims against any
Our reader’s question con- cerns the pursuit of property after ownership passes to an unsuspecting third party. When the property in question is a boat, the creditor’s claim will not follow the boat to a new owner unless the claim is for something that will give rise to a maritime lien. Generally speaking, those claims must be for services or equipment that provide a ben- efit to the vessel. The U.S. Supreme Court
has ruled that taxes do not give rise to a maritime lien against a vessel, even if the tax is related to the ownership or use of the vessel. This means that a tax claim is an obliga- tion of the owner of the vessel but not an obligation of the vessel itself. The tax agency
tired of having to constantly be on the lookout for users who could care less about sticking to navigational rules of the road.
I was glad to read the “Gov
Brown signs boating safety law,” story in the most recent edition of The Log. It’s about
may go after the boat while it is owned by the taxpayer, but after the boat is sold the agency must satisfy itself with the remaining assets of the taxpayer. So, on the surface it looks
like our reader can buy the boat without worrying about a tax claim surfacing sometime in the future. But there are always a few exceptions to these things. Our reader did not say whether the boat he is consid- ering is Coast Guard docu- mented or state-registered through the DMV, but he may be facing a problem if it is a DMV registered boat in California. Section 9880 of the
California Vehicle Code See ATTORNEY page 21
time that aquatic users are held responsible for learning how to safety navigate waterways, channels and bays. I can only hope that it is implemented before the slated 2018 date.
Eric Saenz Long Beach
On Board With Johnson by J.R. Johnson
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