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Old 16-01-2013, 09:45   #16
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Re: Supreme Court: Home Isn't a Boat

zboss

wow, that's an interesting take . . .
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Old 16-01-2013, 09:53   #17
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Re: Supreme Court: Home Isn't a Boat

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Now, they have more lawyers and the economy is booming.
To just keep going off topic:

I would question whether the economy is booming because of the lawyers, or whether the lawyers are booming because of the economy.
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Old 16-01-2013, 10:07   #18
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Re: Supreme Court: Home Isn't a Boat

Back on topic --

In the USA, if a boat owner has a legal dispute with a marina, his boat can be "arrested" and sold to resolve the dispute. This Supreme Court ruling defines what is a floating home. And, states that a marina, in response to a legal dispute, can not arrest a floating home under the Federal Maritime Lien Act, 46 U. S. C. §31342.

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Old 16-01-2013, 10:11   #19
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Re: Supreme Court: Home Isn't a Boat

land laws and maritime laws are different animals. land laws do not allow for floating homes, as maritime law is supposed to cover this. causes a lot of problems with jurisdictional disputes and overlying coverages in marinas and anchorages. good luck.
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Old 16-01-2013, 10:40   #20
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Re: Supreme Court: Home Isn't a Boat

So, as previously ruled many years ago , the CG can board your boat without a search warrant. Does this change that now? If your boat is your "home"....? Hw did they define home?
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Old 16-01-2013, 10:51   #21
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Re: Supreme Court: Home Isn't a Boat

Has to have French doors on three sides and an upstairs office. . . . This really will open up a can of worms.
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Old 16-01-2013, 10:59   #22
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Re: Supreme Court: Home Isn't a Boat

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So, as previously ruled many years ago , the CG can board your boat without a search warrant. Does this change that now? If your boat is your "home"....? Hw did they define home?
The legal question would turn on whether or not it's a "vessel". If it has a means of propulsion (engine, motor, sails, oars, etc.), then it's a vessel and the Coast Guard can board. If it doesn't have a means of propulsion, then you might be able to argue that it's not a vessel.

It will be interesting to see how barges are classified subsequent to this ruling. I guess the courts will eventually find a way to ensure that most barges (except those converted to floating homes) will be classified as vessels.
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Old 16-01-2013, 11:02   #23
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Re: Supreme Court: Home Isn't a Boat

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Has to have French doors on three sides and an upstairs office. . . . This really will open up a can of worms.
So, some sort of............
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Old 16-01-2013, 11:21   #24
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Re: Supreme Court: Home Isn't a Boat

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easiest question 've seen on CF in a while

It is because we have a LOT of lawyers and they need something to do!
Lawyers are in training to become politicians.
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Old 16-01-2013, 11:22   #25
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Re: Supreme Court: Home Isn't a Boat

uscg can and will board anything that is a floating thing in usa waters. they are not limited to what they can and cannot board . they need no notice to do their deeds .. good luck

btw--uscg is part of homeless insecurity now--along with us customs
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Old 16-01-2013, 11:44   #26
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Re: Supreme Court: Home Isn't a Boat

One potential application to cruisers:

If a marina is not able to seize a floating home, will they be less likely to accomodate liveaboards who might claim that their boat is really a "floating home?"
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Old 16-01-2013, 11:55   #27
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Re: Supreme Court: Home Isn't a Boat

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Why are American laws so complicated ?

Peter

The 7th Amendment.
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Old 16-01-2013, 11:56   #28
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Re: Supreme Court: Home Isn't a Boat

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It will be interesting to see how barges are classified subsequent to this ruling. I guess the courts will eventually find a way to ensure that most barges (except those converted to floating homes) will be classified as vessels.
Federal law defines a vessel as including “every description of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation on water.”

I think the "transportation" part of that makes barges vessels.

Mr. Lozman's floating house, while it holds him afloat, apparently is not meant to take him anywhere. . . .
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Old 16-01-2013, 11:58   #29
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Re: Supreme Court: Home Isn't a Boat

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Federal law defines a vessel as including “every description of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation on water.”

I think the "transportation" part of that makes barges vessels.

Mr. Lozman's floating house, while it holds him afloat, apparently is not meant to take him anywhere. . . .
Barges converted into homes are also not meant to take the residents anywhere. They are often moored for years and even for decades.
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Old 16-01-2013, 12:01   #30
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Re: Supreme Court: Home Isn't a Boat

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One potential application to cruisers:

If a marina is not able to seize a floating home, will they be less likely to accomodate liveaboards who might claim that their boat is really a "floating home?"
I suppose the other possibility is that local governments will butt out. I understand this was a city marina. I think the overall effect will be generally negative to those living on the water.

I guess the plus side will be no need to pay rego on houseboats?
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