Case Notes

A vessel and its accompanying mooring and live-aboard permits are constitutionally protected "property", of which an individual may not be deprived without notice and an opportunity to be heard. 91 H. 1, 979 P.2d 586.

State had no statutory basis upon which to charge fees for the impoundment and disposal of vessel under §200-44 or this section where vessel had not been repossessed and State had engaged in the negotiated sale of the vessel for a purchase price of $0.00. 91 H. 1, 979 P.2d 586.

Where an owner’s right to a hearing subsequent to impoundment of a derelict vessel was not clearly established under §200-48, this section, or other law at the time of state boating officers’ actions, it was not unreasonable for officers to have believed it was lawful to dispose of vessel without a hearing; thus officers, in individual capacities, entitled to qualified immunity in 42 U.S.C. §1983 action. 91 H. 1, 979 P.2d 586.