52' houseboat aground holly hill,FL. - SailNet Community

   Search Sailnet:

 forums  store  


Quick Menu
Forums           
Articles          
Galleries        
Boat Reviews  
Classifieds     
Search SailNet 
Boat Search (new)

Shop the
SailNet Store
Anchor Locker
Boatbuilding & Repair
Charts
Clothing
Electrical
Electronics
Engine
Hatches and Portlights
Interior And Galley
Maintenance
Marine Electronics
Navigation
Other Items
Plumbing and Pumps
Rigging
Safety
Sailing Hardware
Trailer & Watersports
Clearance Items

Advertise Here






Go Back   SailNet Community > General Interest > General Discussion (sailing related)
 Not a Member? 


Like Tree19Likes
Reply
 
LinkBack Thread Tools
  #1  
Old 02-10-2012
cruising all I can
 
Join Date: Apr 2007
Posts: 905
Thanks: 3
Thanked 17 Times in 12 Posts
Rep Power: 8
joethecobbler is on a distinguished road
52' houseboat aground holly hill,FL.

Did anyone else notice or hear of the 52' houseboat that was aground in Holly Hill,Fl. ??
We arrived in Daytona a couple days ago and I immediately went to the Halifax river waterfront area to see how many anchored boats were there and generally be nosey as to who is on what and the like.
I saw this houseboat aground and googled it and found it has been there since October 2011 !
Yesterday I spent the morning watching Sea-tow pull it off the shore w/ three boats and tow it to Aqua Marina in Daytona to be hauled out and Auctioned off to the highest bidder if the owner doesn't pay the $13000.00+ and counting fees associated with it's grounding/fines/recovery etc.
The owner is apparently quite a charactor. He managed to get arrested after threatening anyone who attempted to board or move the vessel.
I doubt he'll be able to pay the costs and will end up loosing the boat, and probably becoming another homeless adding to Daytonas massive homeless winter time population.
Daytona is almost overun w/ homeless and bussinesses are closed all over the place and alot of empty houses as well.
Google grounded houseboat holly hill,fl. to get more info.

It's a sad situation, one that I think could have been completely avoided had this captain execised better anchoring technique. there is another houseboat anchored in the same place for years using 4 anchors and he stayed put.
Reply With Quote Share with Facebook
  #2  
Old 02-10-2012
Captainmeme's Avatar
Senior Member
 
Join Date: Aug 2008
Location: East Tennessee
Posts: 739
Thanks: 4
Thanked 14 Times in 13 Posts
Rep Power: 6
Captainmeme is on a distinguished road
Wouldn't one get more pounds of pull by using an anchor and a come-along rather than a power boat to pull the houseboat free?
steel and AncientTech like this.
Reply With Quote Share with Facebook
  #3  
Old 06-18-2012
Junior Member
 
Join Date: Jun 2012
Posts: 12
Thanks: 0
Thanked 0 Times in 0 Posts
Rep Power: 0
texas pirate is on a distinguished road
Re: 52' houseboat aground holly hill,FL.

it is a sad situation, the city of holly hill committed an act of piracy and i intend to file charges in federal court by the end of june 2012. If anyone knows what really happened it is me. my boat was properly anchored. but still was washed onto the sandbar by hurricane force winds. please do not make comments on what is and what is not a properly anchored vessel. the city of holly hill nor anyother city has jurisdiction in the ICW. Educate yourself on rights of navigation on this waterway before you rush to judgement or comment. I am protected by admiralty laws in the U.S constitution to anchor where i choose without the threat of fines or seisure of my vessel.
Reply With Quote Share with Facebook
  #4  
Old 06-18-2012
Junior Member
 
Join Date: Jun 2012
Posts: 12
Thanks: 0
Thanked 0 Times in 0 Posts
Rep Power: 0
texas pirate is on a distinguished road
Re: 52' houseboat aground holly hill,FL.

Are you kidding me! My boat weighs 26 tons empty and 30 fully loaded! how big of a come-along would it take!
Reply With Quote Share with Facebook
  #5  
Old 06-18-2012
hellosailor's Avatar
Plausible Deniability
 
Join Date: Apr 2006
Posts: 10,545
Thanks: 2
Thanked 82 Times in 80 Posts
Rep Power: 10
hellosailor has a spectacular aura about hellosailor has a spectacular aura about
Re: 52' houseboat aground holly hill,FL.

Texas, was that a houseboat, without self-propulsion, or was that a vessel engaged in navigation, regularly moving in transit?

I don't recall much admiralty law in the US Constitution. Other than reserving to Congress the rights to form a Navy and issue letters of marque and reprisal, and prohibiting the states from that latter issue, maybe I have the abridged version. There's no admiralty section here at all.

Of course if you style yourself a pirate...that falls under 18 USC § 1652 and you can be imprisoned for life. Used ta just be a $5000 fine for citizens, versus death for anyone else, but right now it is life imprisonment. [LATER] Oh wait, darn that only applies on the high seas. WTF do they do with pirates inside territorial waters?

Curious minds would love to know more.

Last edited by hellosailor; 06-21-2012 at 02:00 PM.
Reply With Quote Share with Facebook
  #6  
Old 06-18-2012
bljones's Avatar
Senior Member
 
Join Date: Oct 2008
Location: South Coast Ontario
Posts: 8,129
Thanks: 32
Thanked 70 Times in 63 Posts
Rep Power: 7
bljones has a spectacular aura about bljones has a spectacular aura about
Re: 52' houseboat aground holly hill,FL.

Quote:
Originally Posted by texas pirate View Post
my boat was properly anchored. but still was washed onto the sandbar by hurricane force winds.
Logic, clean-up in General Interest Forums!
PalmettoSailor likes this.
__________________
It's 5 o'clock somewhere:


To view links or images in signatures your post count must be 10 or greater. You currently have 0 posts.
Reply With Quote Share with Facebook
  #7  
Old 06-18-2012
JoeDiver's Avatar
SERIOUS SAILOR
 
Join Date: Feb 2011
Location: DFW Metroplex
Posts: 483
Thanks: 0
Thanked 0 Times in 0 Posts
Rep Power: 4
JoeDiver is on a distinguished road
Re: 52' houseboat aground holly hill,FL.

__________________

To view links or images in signatures your post count must be 10 or greater. You currently have 0 posts.

1982 Catalina 25 #2897
FK/SR/Traditional
Eagle Mountain Lake, Texas
Reply With Quote Share with Facebook
  #8  
Old 06-18-2012
Senior Member
 
Join Date: Feb 2012
Location: New Orleans Louisiana
Posts: 1,863
Thanks: 6
Thanked 42 Times in 40 Posts
Rep Power: 3
Stumble is on a distinguished road
Re: 52' houseboat aground holly hill,FL.

No idea what the legal details are here, but state and local jurisdictions do have some law making authority even on the public waterways of the US. It depends exacally on what law was invoked to justify the removal, or if general salvage law was in play.

This is likely to be considered a high order salvage claim, in which case an judicial award of 25-40% of the market value of the boat, her cargo, and anything aboard would be pretty typical. If a judge determines it to be low order salvage then more like 15-30%. It will be pretty fact dependent though.

There aren't enough facts given, but I highly doubt an act of piracy was involved. Unless the owner was physically present on the boat when the eventual salvager showed up, and refused help. If the owner (or his representative) ever got off the boat, then if the boat was subject to the perils of the sea (being aground by itself counts), a salvager can begin rescu operations. Once those operations are started the owner has a limited ability to halt the work, and will be liable for some percentage of the value of the vessel immediately.

Salvage law is a fun area to practice law in, but a terrible place to wind up unwittingly, without insurance. I feel had for the owner, but would recommend everyone else check to see if their insurance policy cover salvage claims. Not all do.
__________________
Greg Rubin
Attorney
Reply With Quote Share with Facebook
  #9  
Old 06-18-2012
overbored's Avatar
Senior Member
 
Join Date: Oct 2010
Location: Dana Point, Ca
Posts: 946
Thanks: 1
Thanked 35 Times in 35 Posts
Rep Power: 4
overbored is on a distinguished road
Re: 52' houseboat aground holly hill,FL.

Quote:
Originally Posted by texas pirate View Post
was properly anchored. but still was washed onto the sandbar by hurricane force winds.
"Was" is the key word here. if it were still properly anchored this would not be an issue. properly anchoring for the weather conditions is the responsiblity of the skipper.
the city/state will through down the in the interest of public health and safety card and haul it away. $ 13000 is a expensive lesson in how not to anchor for hurricane winds
__________________
"FULL TILT" SOVEREL 33
"GOLD RUSH" PRINDLE 16

Last edited by overbored; 06-18-2012 at 02:47 PM.
Reply With Quote Share with Facebook
  #10  
Old 06-18-2012
hellosailor's Avatar
Plausible Deniability
 
Join Date: Apr 2006
Posts: 10,545
Thanks: 2
Thanked 82 Times in 80 Posts
Rep Power: 10
hellosailor has a spectacular aura about hellosailor has a spectacular aura about
Re: 52' houseboat aground holly hill,FL.

Stumble, I doubt if insurance or salvage laws would have anything to do with it. Sounds like a "houseboat" ran afoul of Florida's "houseboat" laws, which may or may not be legal but are in effect. At that point once process has been served and actions start, no insurance will reimburse you for government seizure after due process.

ICW= Federal, state, local in that order are applied.

Of course, since we haven't been told whether the vessel is a houseboat as defined by Florida, and we haven't been told whether the grounding was declared an obstruction or menace to navigation, and we haven't been told why the process was served and under what theory the boat was arrested...

All that's missing are the black helicopters. Wait, let me look on the web.

Okay, the black helicopters weren't there after all. Apparently a houseboat, no engines, floating home, got beached last October on a spit of city-owned land adjacent to a park. During a major un-named storm that IIRC the NWS later decided probably should have been named.

Apparently the city wanted the floating home off their property, not a sandbar but a spit, which changes "grounding" into "trespass" as it is part of the shore. And since the owner says he's broke, the city gave him his notice and then removed the vessel from their property.

FWIW this is also in the famous Volusia County, where sailors have reported some gung-ho boardings by watercops in the ICW. But all the local media seem to have published stories singing the same song: Broke homeowner (not sailor) went hard aground on the shore. Refused to remove his home from city property. Had it removed for him.

Texas? Are they all lying? You got engines? It isn't a floating home, rather than a vessel capable of self-propelled navigation? It wasn't beached?

It may be a sad state of affairs, but it seems the only crime here is trespassing.

Last edited by hellosailor; 06-18-2012 at 03:19 PM.
Reply With Quote Share with Facebook
Reply


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools

 
Posting Rules
You may post new threads
You may post replies
You may post attachments
You may edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is On


Similar Threads
Thread Thread Starter Forum Replies Last Post
Owner of houseboat stranded in Holly Hill gets 30 days to move it - Daytona Beach New NewsReader News Feeds 0 12-22-2011 04:40 AM
Holly grail for new teak! wakesurfboy Gear & Maintenance 57 10-20-2009 08:39 PM
marina in Watch Hill jenright55 General Discussion (sailing related) 2 08-31-2009 05:15 PM
looking for houseboat/sailboat to rent davebaccarini Living Aboard 0 08-03-2003 08:26 AM
looking for houseboat/sailboat to rent davebaccarini Living Aboard 0 08-03-2003 08:25 AM


All times are GMT -4. The time now is 10:49 AM.

Add to My Yahoo!         
Powered by vBulletin® Version 3.8.7
Copyright ©2000 - 2014, vBulletin Solutions, Inc.
SEO by vBSEO 3.6.1
(c) Marine.com LLC 2000-2012

The SailNet.com store is owned and operated by a company independent of the SailNet.com forum. You are now leaving the SailNet forum. Click OK to continue or Cancel to return to the SailNet forum.