Form Mv-300 - Notice Of Abandoned, Junked, Wrecked Or Impounded Motor Vehicle Page 2
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2Transfer of Ownership on Abandoned, Junked, Wrecked or Impounded Vehicle
A. No removal agency may remove abandoned, wrecked, or impounded or junk motor vehicles or other scrap metals from
private property without written permission of the landowner or tenant.
B. The Department of Revenue shall provide the removal agency with the last known address of the record holder of title and
any readily identifiable lienholders free of charge.
C. If a removal agency removes any unattended vehicle from a public street or highway and the removal is not at the written
request of the owner, an authorized agent of the owner, or a law enforcement officer, the removal agency must report the
removal to the owner within 24 hours of removing the vehicle. If the removal agency is unable to contact the owner, the
removal agency must report the removal to the county sheriff, if the removal occurred outside any municipality, or to the
chief of police, if the removal occurred inside any municipality, within 24 hours of removing the vehicle. Failure to make a
report is a Class 2 misdemeanor. Further, if a removal agency fails to make a report, the removal agency is not entitled to
any towing or storage fees for the removed vehicle and no such fees may be billed or collected by the removal agency.
D. The following procedures shall apply:
1. Within *ten to forty five days after any abandoned, junk, wrecked or impounded motor vehicle or other scrap
metal has been removed, the removal agency shall send written notice by certified mail to the registered owner, if
any, of the abandoned, junk, wrecked or impounded motor vehicle or scrap metal and to all readily identifiable lien
holders of record at their last known address. The notice shall set forth the date and place of the taking, the year,
the make, model and serial number of the abandoned motor vehicle and the place where the vehicle is being held,
and shall inform the owner and any lien holders of their right to reclaim the vehicle. The notice shall be on a form
provided by the Department of Revenue. (*If the removal agency does not give notice within 10 days from the
date of removal, no storage may be charged beyond the 10-day period until the notice is mailed.) Failure to send
written notice within 45 days of removal, or if owner information is not readily available, failure to publish notice
within 45 days of removal, prohibits application for an abandoned vehicle title.
2. If it is impossible to determine with reasonable certainty the identity and address of the registered owner and all
lienholders, a notice shall be published once in a newspaper of general circulation in the area where the motor
vehicle was abandoned. Published notices may be grouped together for convenience and economy. The notice
shall set forth the date and place of the taking, the year, make, model and serial number of the vehicle and the
place where the vehicle is being held. The notice shall inform the owner and any lienholders of their right to
reclaim the vehicle.
3.
If the record holder of title fails to claim and remove the vehicle within thirty (30) days, title to the vehicle is
irrevocably vested in the removal agency.
E.
The removal agency shall then apply to the Department of Revenue for a regular or junk vehicle title. If the condition of the
vehicle does not deem it a junk vehicle, the agency shall apply for a standard certificate of title. Such title will be branded as
an abandoned vehicle.
F.
If the owner or lienholder does not surrender the title of the vehicle or scrap metal to the removal agency, the agency shall
submit the following to the county treasurer:
1. A completed application for motor vehicle title.
2. Copy of the written notice sent to the registered owner of record and the lien holder (if applicable), or a copy of
the newspaper notice.
3. The original (green) return receipt indicating to whom the certified notice was sent (registered owner of record
and lienholder, if applicable).
4. The landowners written permission if the vehicle was towed from private property.
5. A title fee in the amount of $5.00.
G. Prior to issuance of title, the Department of Revenue will verify the vehicle information against the stolen vehicle file. If the
vehicle is found to be stolen, title will not be issued.
H. The removal agency may elect to register the vehicle after the abandoned vehicle title is issued. At the time of registration,
the applicant must pay the 4% excise tax based on the NADA book value (if applicable), any license fees and a $5.00 title
fee.
I.
If a vehicle is left for repairs, an abandoned title cannot be obtained. Application should be made under the unpaid repair
bill process. For information on unpaid repair bill and mechanic lien processes, please contact your local county treasurer’s
office.
J.
Any owner that abandons a vehicle on any public highway or right-of-way is civilly liable to the towing company for the
expense of towing and storing the vehicle. A violation is a class 1 misdemeanor. A person convicted of abandoning a vehicle
shall be ordered to pay a fine of $500. The court shall suspend the fine if the person pays the towing and storage expenses.
(SDCL 32-30-12.2 and 32-30-18.1)
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