§ 31-13-111 — Transmission of return of sale and sale proceeds to county treasurer; payment of expenses and taxes; county abandoned vehicle account; duplicate receipts for proceeds; action for recovery of proceeds

Wyoming § 31-13-111

• Jurisdiction: Wyoming
• Title 31: Motor Vehicles
• Ch. 13: ABANDONED VEHICLES

Text

(a) When any vehicle is sold under this act the sheriff
selling the vehicle shall transmit to the county treasurer of
the county in which the vehicle was impounded, in duplicate, a
return of sale setting forth a description of the vehicle, the
purchase price, the name and address of the purchaser, the costs
incurred in the sale, removal, preservation, custody and storage
of the vehicle.
(b) The sheriff shall transmit to the county treasurer of
the county in which the vehicle was impounded by a police
officer, with the return of sale, the proceeds of the sale. Upon
receipt of the return of sale and proceeds, the county treasurer
shall deposit the proceeds in the general funds in the county
treasury to the credit of an account to be known as the county
abandoned vehicle account. The account is continuously
appropriated only for the purpose of this act. When the account
totals an amount necessary to carry out the purposes of this
act, as set by the board of county commissioners for that
county, but not to exceed one dollar ($1.00) for each resident
in the county, according to the last federal census, all
revenues thereafter received under this subsection and W.S.
31-3-103(f), together with all interest earned on the account,
shall be transferred to the general funds of the county
treasurer. Upon receipt of the return of sale disclosing the
costs incurred the costs shall be paid from the county abandoned
vehicle account to each person or transferred to each
governmental entity incurring the expenses. If the expenses
exceed the sale proceeds, the allowable expenses prescribed in
paragraph (g)(ii) of this section shall be paid.
(c) The county treasurer shall forward to the sheriff
duplicate receipts for proceeds received by the county treasurer
under subsection (b) of this section. The sheriff shall file one
(1) of each receipt with the county clerk.
(d) Repealed by Laws 1993, ch. 27, § 2.
(e) The owner or lienholder of a vehicle impounded by a
police officer and sold pursuant to W.S. 31-13-108 is entitled
to recover from the county any proceeds of the sale in excess of
the costs of the sale, monies owed for expenses related to
removal, preservation, custody, storage and sale of the vehicle
and taxes provided an action is filed in the proper court for
recovery within one hundred twenty (120) days of the sale.
(f) Notwithstanding any other provision in this act, the
proceeds of the sale of any housetrailer or transportable home
as defined in W.S. 31-13-101(a)(ix)(B) and (C) which is
abandoned and sold pursuant to this act shall first satisfy the
costs incurred in the sale, removal, preservation, custody and
storage of the vehicle. Any balance then remaining shall be
paid against any taxes due and owing. In the event the ad
valorem levy has not been set for the current year, the current
year's tax shall be computed upon the levy for the previous
year. Any remaining taxes due and owing are cancelled.
(g) If the vehicle was abandoned on a highway or other
public property, the allowable expenses shall be paid from the
county abandoned vehicle account provided for by W.S.
31-13-111(b) and administered as follows:
(i) The county shall make reasonable efforts to
locate the owner of the abandoned vehicle if the owner is known
to be a resident of the county in which the vehicle is abandoned
and to collect the expenses from the local owner;
(ii) The allowable expenses are:
(A) Removal or towing costs of six dollars
($6.00) for every mile the vehicle is towed or one hundred
dollars ($100.00) whichever is greater;
(B) Storage charges with a maximum amount
allowed of twenty dollars ($20.00) per day for no more than
thirty (30) days;
(C) Sale and title costs not to exceed sixty
dollars ($60.00); and
(D) A seven hundred sixty dollar ($760.00) limit
for the total expenses associated with each abandoned vehicle.
(iii) Payment of the expenses associated with
vehicles abandoned on private property shall not be provided
from the county abandoned vehicle account.