thelog.com
Attorney From page 6
authorizes the DMV to withhold the annual renewal of a boat’s registration and prevent a future title transfer if the DMV has received notice of delinquent taxes from a county tax collector. This tricky little provision does not give the tax collector a right to seize the boat, but it encourages prompt payment of the delinquent taxes by freezing the title. Our reader may also face a problem
from the Coast Guard’s policies for the recording of claims against the title of a documented vessel. The Coast Guard’s National Vessel Documentation Center (NVDC) main- tains the title records for all document- ed vessels, and lien claimants may record a Notice of Claim of Lien (NCL) with the NVDC. Federal law prohibits the recording of a NCL unless the claimant has a good faith belief that their claim will give rise to a legitimate maritime lien. But this is a self-polic- ing system since the Coast Guard does not evaluate or render an opinion on the validity of any NCL that is submit- ted for recording. The recording of an NCL does not give the claimant a property right in the vessel, but it has the practical effect of interfering with a future sale of the boat. No one wants to buy a boat with a claim recorded against it, regardless of whether the claim is theoretically valid. So how does this relate to a tax
claim? The California Board of Equalization regularly records NCL’s with the Coast Guard for unpaid sales and use tax claims relating to vessel purchases. These claims are not valid maritime liens but the BOE records the claim and the Coast Guard accepts it nonetheless. We are not aware of any examples of county tax collectors fol- lowing this sketchy procedure, but it could happen. The good news is that the claim can only be recorded while the taxpayer owns the vessel, so a care- ful review of the vessel’s abstract of title before a purchase will reveal the claim against the title. So the bottom line is that a docu- mented vessel can be purchased with- out fear of a future tax claim surfacing as long as the title history is reviewed
carefully before the purchase. But a boat registered through the California DMV may be problematic. Talk to an experienced maritime attorney for more information.
David Weil is licensed to practice law in the state of California and, as such, some of the information provided in this col- umn may not be applicable in a jurisdic- tion outside of California. Please note also that no two legal situations are alike, and it is impossible to provide accurate legal advice without knowing all the facts of a particular situation. Therefore, the infor- mation provided in this column should not be regarded as individual legal advice, and readers should not act upon this information without seeking the opinion of an attorney in their home state.
David Weil is the managing attorney at Weil & Associates (
weilmaritime.com) in Long Beach. He is an adjunct professor of Admiralty Law at Loyola University Law School, is a member of the Maritime Law Association of the United States and is for- mer legal counsel to the California Yacht Brokers Association. He is also one of a small group of attorneys to be certified as an Admiralty and Maritime Law Specialist by the State Bar of California. If you have a maritime law question for Weil, he can be contacted at (562) 438- 8149 or at
dweil@weilmaritime.com.
Ask your question online at
thelog.com.
Editorial From page 6
stakeholders, including the Harbor Commission, to help determine how the village will take shape over the next few years. Could longtime Capt. Tom
Zetmaier, who owns Classic Yacht Excursions on the northern portion of the strip be right in saying, “We old guys had our chance to make our mark and shape the community. Now it’s the younger folks turn. That is change and progress that each genera- tion has to live with. It has been hap- pening that way forever.” Will progress lead to less marine
services? The city will have to wait and see.
The Log • October 10 - 23, 2014 • 21
Marina City Marina The newest docks in Marina del Rey!
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