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From: <KiAyker_at_aol.com>
subject: [Paddlewise] Stolen boat found but can't get it back.
Date: Thu, 20 Mar 2003 10:05:36 EST
   In March of 2001 I had my boat stolen. I reported it to the police and to 
this list at that time. My boat is an early model Necky Arluk II, and fairly 
unique. Not very many of those early models were made before they were 
refined, and darn few made it to Southern California. I have used that boat 
for trips in Canada and Baja and all parts in-between. I have also worked as 
a kayaking instructor for close to fifteen years during which the majority of 
my classes were taught from the seat of my old Arluk. I always figured that I 
would eventually find the boat in that the boat sticks out like a sore thumb 
to those who know a thing or two about sea kayaks, and a great many people 
know my boat. 
   On a sunny afternoon in November of 2002 Duane was playing hooky from work 
and went for a paddle down the coast in the middle of the week. As he 
approached Laguna Beach he spotted another paddler on the water and went over 
to say hi. As Duane got closer he recognized that the paddler was in my 
stolen boat! Duane tried to casually engage the fellow in a conversation to 
get some information from him, but the fellow became suspicious. So Duane 
just confronted him and told the fellow that the boat he was in was stolen. 
They parted company and Duane went back to report the incident to the Harbor 
Patrol. He then managed to contact me, at which point I left work and spent 
the rest of the day cruising up and down the coast looking for my boat - to 
no avail.
   Apparently the encounter with Duane spooked the guy in my boat to the 
point that he went back to a small cove in Laguna Beach, probably the one he 
launched from, and attempted to scuttle the boat. The boat washed up later, 
and was recovered by the lifeguards. The lifeguard policy is that they will 
hang onto found items for three months, after which they can keep them. Three 
months came and went, so one lifeguard promptly claimed the boat as his, and 
then sold it to a friend for five hundred dollars. The friend, Frank, came to 
the shop I work out of looking for parts for the boat to attempt to restore 
it since the boat had been heavily neglected and now needs a lot of work. 
Frank showed some pictures of the boat to the guys in the shop, trying to 
determine just what kind of boat it was that he had. Of course the guys in 
the shop immediately recognized the boat as the one that had been stolen from 
me, and they had Frank call me. 
   Upon receiving the phone call I dropped everything and ran over to the 
shop to meet Frank. One look at the pictures was all I needed to identify the 
boat as mine. Frank seems like a nice enough fellow who is just stuck in the 
middle, however he is out five hundred dollars, and apparently the lifeguard 
does not want to refund the money! So after two long years of searching for 
my boat I finally find it --- but I can't seem to get it back!!!!!! 
Unfortunately the boat does not have any serial numbers that can be used to 
positively identify it as mine. I can, however, easily produce at least fifty 
witness's that can easily recognize it, and of course I have pictures. Does 
anybody on this list have any ideas of what I can do here? I am soooo 
frustrated I could just scream!

Scott
So.Cal. 

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From: Leonhardt, William J <wjleonhardt_at_bnl.gov>
subject: Re: [Paddlewise] Stolen boat found but can't get it back.
Date: Thu, 20 Mar 2003 10:25:31 -0500
>


SNIP

>   Upon receiving the phone call I dropped everything and ran over to the
>shop to meet Frank. One look at the pictures was all I needed to identify the
>boat as mine. Frank seems like a nice enough fellow who is just stuck in the
>middle, however he is out five hundred dollars, and apparently the lifeguard
>does not want to refund the money! So after two long years of searching for
>my boat I finally find it --- but I can't seem to get it back!!!!!!
>Unfortunately the boat does not have any serial numbers that can be used to
>positively identify it as mine. I can, however, easily produce at least fifty
>witness's that can easily recognize it, and of course I have pictures. Does
>anybody on this list have any ideas of what I can do here? I am soooo
>frustrated I could just scream!

Scott,

Is it possible that you, all your kayaking friends and the harbor patrol 
can appeal (often and concurrently) to the lifeguard  to do the decent 
thing here?

Bill Leonhardt
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From: Jochen Grikschat <grikschat_at_web.de>
subject: Re: [Paddlewise] Stolen boat found but can't get it back.
Date: Thu, 20 Mar 2003 16:39:17 +0100
What a  story!

Get in contact with Necky, try to get a paper from them, that this boat is very special, extreme rare and maybe they could say it must or IS yours, because they (the manufacturer) delivered it to you in 2001.
Got no other idea.

Hey, all my boats are so special, I could be very sure, they're is only one sp special kayak from this type, from this special company with special build in's, it only couldbe mine. AND most boats got a serial number, crazy Necky don't give out Serial Numbers.

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From: Jochen Grikschat <grikschat_at_web.de>
subject: Re: [Paddlewise] Stolen boat found but can't get it back.
Date: Thu, 20 Mar 2003 16:44:28 +0100
Ah! Another idea.
What the lifeguard had done is in my country against the law. He dealed with stolen goods. It doesn't matter if he knew that the boat was stolen. But he should had thought about this chance, noone let go such a kayak for free!

Don't know what California law says, but maybe its also not allowed to deal with stolen things and you could go to the police.
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From: Matt <mkayaks_at_oz.net>
subject: RE: [Paddlewise] Stolen boat found but can't get it back.
Date: Sun, 23 Mar 2003 13:37:45 -0500
Scott wrote:
<SNIP>>>>>>>>>>>>The lifeguard policy is that they will 
hang onto found items for three months, after which they can keep them.
Three months came and went, so one lifeguard promptly claimed the boat as
his, and then sold it to a friend for five hundred dollars.<<<<<<SNIP>

Did the Lifeguards report this find to the Police? If so you may be out of
luck (especially if it was a different police department than the one you
reported the theft to). If not I doubt the lifeguards have any legal right
to keep an item of that much value no matter what policy they may have
decided to adopt for found items. Normally if you report a found item to the
police they pick it up but you can file a claim to the item if the owner
isn't found within a defined period of time (such as 60 or 90 days).

Did the lifeguards file a report with the Coast Guard? Maybe it was obvious
that this kayak had been underwater for a long time when it washed up, but
if not the Coast Guard should have been notified immediately. Was it the
lifeguards that actually found it or someone else who turned it into the
lifeguards?

How was it determined which lifeguard was to receive this windfall? Did that
lifeguard put and money or effort into restoring the kayak? How much
restorative time and money did the last buyer put into the kayak after they
bought it? Morally (and possibly even legally) the lifeguard should return
the money he received beyond what value he personally added to the kayak.
Scott should get the kayak but I think the buyer should be compensated for
any value he added to it as well.

Lots of questions, I'd find out your legal rights and ask them.

Two Skin-on-frame Aluetian baidarka style kayaks were stolen last Thursday
night or Friday morning in Anacortes WA. They may have been spotted later
that morning on a car at a shipping company that barges freight to AK, so it
is suspected they may be going to somewhere in AK. One is about 25" wide,
darker Brown (translucent) with some lighter water stains on the left side
of the deck. The other is 20" wide, Pale Yellow (almost white) with a patch
in the hull near the cockpit. Please check the details at the Stolen Kayaks
page of our website and check the list regularly for stolen kayaks you may
recognize. The most recently stolen kayaks are also listed separately near
the end of the list so it is easy to see what's new on the list. 
Matt Broze
http://www.marinerkayaks.com



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