Supreme Court: Home Isn't a Boat

[SURV69]

zboss

wow, that's an interesting take . . .

[sailorboy1]

Originally Posted by zboss

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.

[Viking Sailor]

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.

[zeehag]

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.

[Cheechako]

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?

[Cormorant]

Has to have French doors on three sides and an upstairs office. . . . This really will open up a can of worms.

[mcarling]

Originally Posted by Cheechako

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.

[David_Old_Jersey]

Originally Posted by Cormorant

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............

[John A]

Originally Posted by Don Lucas

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.

[zeehag]

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

[FecklessDolphin]

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?"

[FrankZ]

Originally Posted by rivonia

Why are American laws so complicated ?

Peter

The 7th Amendment.

[Cormorant]

Originally Posted by mcarling

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. . . .

[mcarling]

Originally Posted by Cormorant

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.

[Boatguy30]

Originally Posted by FecklessDolphin

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?