§ 61-12-404 — Sale Or Release Of Vehicle If Not Reclaimed

61-12-404 . Sale or release of vehicle if not reclaimed. (1) (a) Except as provided in subsection (1)(b), if a vehicle is not reclaimed, as provided in 61-12-403 , within 30 days after notification by certified mail or prescribed publication, the sheriff of the county or the city police of the city in which the vehicle is being stored may sell it at public auction in the manner provided in 25-13-701 through 25-13-709 .
(b) When a vehicle is taken into custody as a result of the arrest of the driver of the vehicle, the owner, lienholder, or person entitled to possession of the vehicle has 60 days after notification by certified mail or prescribed publication to reclaim the vehicle as provided in 61-12-403 . If the vehicle is not reclaimed within 60 days after notification, the vehicle may be considered abandoned and may be sold under the provisions of this section.
(2) If the sheriff or city police elect not to sell a vehicle under subsection (1)(a) or (1)(b) and the vehicle is being stored by a qualified tow truck operator, as defined in 61-8-903 , the sheriff or city police shall release the vehicle to the qualified tow truck operator.
(3) After a vehicle has been sold pursuant to subsection (1)(a) or (1)(b) or released pursuant to subsection (2), the former owner or person entitled to possession has no further right, title, claim, or interest in or to the vehicle.

Legislative History

En. Sec. 5, Ch. 288, L. 1967; R.C.M. 1947, 53-905; amd. Sec. 3, Ch. 355, L. 1985; amd. Sec. 4, Ch. 513, L. 1999; amd. Sec. 2, Ch. 176, L. 2003; amd. Sec. 3, Ch. 165, L. 2021.