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A house is a house, the Supreme Court decides, even if it floats

January 15, 2013|By David G. Savage
  • The Supreme Court ruled Tuesday that houseboats are to be regulated as homes, not maritime vessels.
The Supreme Court ruled Tuesday that houseboats are to be regulated as homes,… (Robert Gauthier / Los Angeles…)

WASHINGTON — A house that sits on the water is a floating home, not a vessel, the Supreme Court ruled Tuesday.

The 7-2 decision upholds laws in California, Washington and other states that say houseboats are governed by local laws applying to homes, not maritime law that regulates vessels.

Justice Stephen Breyer said a vessel is something that is “actually used for transportation.” It is not “anything that floats,” he added.

The high court ruling is a victory for a Florida man who parked his gray, two-story houseboat at a marina in Riviera Beach, Fla. City officials later seized it for unpaid fees and had it destroyed. Their decision was upheld under federal maritime law.

The owner, Fane Lozman, appealed to the Supreme Court, arguing that his home would have been protected from seizure under ordinary laws governing real estate.

The justices agreed and sent the case back to Florida, where Lozman can seek to recover a $25,000 bond that was set aside.

It is not clear what the ruling will mean for riverboat casinos, an issue the court did not discuss.

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