Cruising Sailors Forum Archive

Multiple issues -- which may be joined...

Not in any order of importance:

o Is a boat a home or a boat? -- The rules regarding a home (in the case of "trailer" or a "camper") are different.
o Who owns the "property" or the rights to the "property" in the case of marina. (He has issues with using navicable waters for a structure which "isn't navicable"?)
o As I recall, he had failed to pay his slip fees, etc. If you use his argument, he has a "trailer" (Maybe analogous to being w/ or w/out wheels) If you own the ground of the trailer park, and someone doesn't have an agreement to stay there, can you evict them?
o He obviously "could" have towed the 54' barge-house out -- he refused to do so, claiming that they couldn't require him to leave a marina (which is for boats?) because he wasn't a "boat"?
o Was Tom Sawyer's raft a boat? Without a motor, are you a boat?

The danger here is that the defintiion of a "boat" vs. a residence may have consequences. The legislature, which can effect occupancy requirments for resdential "units" migh make a boat an unacceptable use for the definition of a residence. If they come-up with a new use requirement, then it might not be cruiser or boater friendly.

Bad cases make bad law.

Messages In This Thread