Current through Register Vol. 54, No. 45, November 9, 2024
Section 407.11 - Sunken vessels(a) It shall be the duty of the Chairperson of the Commission, immediately upon information of the sinking of a vessel in the channelway of the tidewaters of the River or in any of the docks thereof or in any location as to present a hazard to navigation, to give notice to the owner, master or other agent having charge thereof to raise and remove the obstruction or present a plan for the removal satisfactory to the Commission within 10 days after the date of the notice, under a penalty of $100, to and for the use of the Commonwealth.(b) In case of refusal or neglect of the parties interested, as set forth in subsection (a), to raise and remove an obstruction within 10 days, it will be the further duty of the Chairperson to have it raised and removed, at the expense of the owner, master or agent, and the vessel and its cargo shall be subject to a lien, in the hands of the Chairperson, until the expenses of raising and removing shall be fully paid to him. The Chairperson is hereby authorized to sell at public auction to the highest bidder, for cash, the property or so much thereof as is necessary to pay the expenses of raising and removing, together with the penalty provided in subsection (a) and the cost of sale, and he will return the surplus, if any, of the sale to the person as shall be legally entitled to receive the same.(c) The Chairperson of the Commission, before proceeding to sell the property, will give 5 days notice by at least 20 printed handbills, to be posted in conspicuous places in the immediate neighborhood of the locality setting forth a full description of his property to be sold, together with the time and place of selling the same. Should the sum realized from the sale be insufficient to pay the expenses of raising and removing, together with the penalty and expenses of sale, the Chairperson of Commissioners may sue for the amount of the deficiency in the name of and for the benefit of the Commonwealth, in any court of the Commonwealth having jurisdiction in similar cases, and it is the duty of the Attorney General of the Commonwealth to institute and prosecute the suits at the request of the Commissioners.