72' Hatteras "Time Out" beached off Palm Beach

As of 2 days ago the boat is still there. We passed it on our way up to cocoa beach

she's gone now...they cut her up and hauled her off in dumpsters

Latest news, owner is suing the city of Palm Beach for the cost of the vessel. Saying when he was arrested they should have impounded it and kept it from harm.

http://www.palmbeachdailynews.com/news/news/local/yacht-owner-sues-town-police-department/nstgs/

And the hits just keep on coming . . .

Not at all surprising. How some people are still running freely around the streets and waters amazes me sometimes. Yet, they remain judgement proof with no assets in their names and ready to declare bankruptcy immediately after any judgement against them.

I think they should have taken the dumpster with all the parts and pieces and delivered it to his front door and just dumped it all out there. "Here's your boat back." Oh, and attached the bill.

No one can ever declare he won't win, but a few problems with the argument. First, they cite a FWC policy but sue Palm Beach City and County, neither obligated under that policy, nor is there reason to believe FWC made the arrest and is. My understanding is it was USCG and Palm Beach.

Second, the policy refers to a boat in navigation. The boat was not as it was beached. At that point it is no longer in navigation nor simply able to be towed but it requires a salvage operation. The boat was incapable of being towed to impound without salvage work. Hard groundings are always salvage.

As to allegations the county violated law by leaving it abandoned and the one that it was a hazard to navigation, they're really stretching it. It wasn't abandoned or beached as a result of his arrest. It was wrecked prior. Nothing supports an obligation to deal with a wrecked vessel. As to the CG, they made sure everything required to protect the waters was done.

To show how far they're stretching it, they refer to the Highway Patrol Policy Manual, definitely not applicable. Even there it refers to, "if someone not available to operate it" but the boat couldn't be operated by anyone at that point.

He then delayed until it couldn't be moved and then failed to fulfill his obligation under the law. The town didn't move until it had officially been declared derelict, he'd failed to respond, and they were legally entitled.

Item 23 states what he was told when he returned to the boat, but fails to note that was days after the accident that he was told that. On the day of the accident, it couldn't be towed, but could have been salvaged. By the time he showed any interest it was in far worse condition through his negligence.

Also, to note, he and his attorney failed to appear on his case and got a continuance. Now, the question arises as to Blue Water Enterprises Inc. There is no such entity registered in FL so I checked Delaware where there is one, but can't tell if it is the one or not.

Interesting that he claims it was insured for $450k. So is he trying to collect twice? Or is it just a ploy to get Palm Beach to drop their case? Likely, as this is a man who clearly has shown an ability to play the system and all systems.

+1 Without knowing more facts including what, if any, consideration the authorities gave to anchoring, moving or whatever; I think he has a case. And remember the best defense is an offense. One thing more. I can't imagine him winning any popularity contests in the PB area.

I think ultimately it comes down to the fact Palm Beach and the state will never see any money from him and he'll never see any from them. Where the insurer stands on all this is a part that interests me too.

It's my opinion Baker had plenty of time after he sobered up to make arrangements to retrieve his boat. He made the decision to just let her sit there like a dummy with no common sense, in addition, he has a track record of making poor decisions. Desperate people do desperate things.

Don't estimate his moves as anything but calculated. I'm sure he was building his case from the beginning. I'm not sure he knows desperate as things that would horrify most of us, have been common for him. I'm sure before even leaving jail he'd thought of "how will I get a full payout on my boat and not cost me anything." He says the boat was insured for and worth $450k. Something tells me that if it could have been examined carefully, it might not have been worth that much. The only way that boat was going to get salvaged was if the insurer had initiated and said that it would not be deducted from the payout for the property.

Your correct olderboater on all the points you make above. I do think he plans every step he takes. That's what criminals do.