San Francisco Chronicle

Court deals blow to dredge owners

- By Bob Egelko Bob Egelko is a San Francisco Chronicle staff writer. Email: begelko@sfchronicl­e.com Twitter: @ BobEgelko

“Manson’s vessels were engaged in a dredging project, not in the transporta­tion of goods for hire.” First District Court of Appeal

Shippers in California waters are exempt from property taxes on their boats if they’re carrying freight or passengers. But sludge isn’t freight, a state appeals court says, so a constructi­on company will have to pay taxes to Contra Costa County on its barges, tugs and scows.

Manson Constructi­on Co. was hired by the Army Corps of Engineers in 2013 to dredge Oakland’s harbor and make it deeper for larger ships. The vessels, based in Contra Costa County, carried the sludge and other dredged material to disposal sites and dumped it.

Claiming a tax exemption for 10 boats in 2013 and six in 2014, a company representa­tive said they were carrying freight because “so long as someone is hiring you to move it, it’s considered freight.” County assessors disagreed and were upheld Monday by the First District Court of Appeal in San Francisco.

Carrying sludge was just a “byproduct” of “the dredging work the vessels were hired to perform,” Justice Ioana Petrou said in the 30 ruling, which affirmed a Superior Court judge’s decision against the company. “Manson’s vessels were engaged in a dredging project, not in the transporta­tion of goods for hire.”

The property tax exemption for freight and passenger vessels of more than 50 tons was approved by the voters in 1914 as a state constituti­onal amendment designed to help the shipping industry and encourage companies to locate their home ports in California, Petrou said.

She said the state Supreme Court applied the exemption in 1958 to include barges and tugs hired by oil companies to ship their products within the state. The courts have also granted exemptions to owners of sportfishi­ng boats that took customers out for fishing or sightseein­g, ruling that they were carrying passengers.

But Manson was hired to deepen the harbor, not to transport materials, the court said, and “the dredged waste was not ‘ goods’ like the petroleum products.”

Ronald Gangloff, a lawyer for Manson, said the company was disappoint­ed by the ruling, but it was “not very farreachin­g” and a further appeal is unlikely.

 ?? Frederic Larson / The Chronicle 2007 ?? A state court ruling that sludge created by dredging is not freight means ships that carry it are subject to property taxes.
Frederic Larson / The Chronicle 2007 A state court ruling that sludge created by dredging is not freight means ships that carry it are subject to property taxes.

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