§ 31-13-112 — Release of liability for removal and storage of, and for lost or damaged items in, abandoned vehicles; disposition of personal property within a vehicle; optional court action

Wyoming § 31-13-112

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

Text

(a) A person who removes or stores a vehicle under this
act or otherwise at the request of a police officer, shall not
incur any civil liability for the removal or storage except for
failure to exercise reasonable care in the performance of the
removal or storage.
(b) If any vehicle is removed from any highway, or public
or private property as provided herein, the owner of the vehicle
may not institute in any state court a suit in law or equity
against any police officer or his agents for the recovery of the
value of any item in or on the vehicle that may be lost, stolen
or damaged resulting therefrom.
(c) A person who has custody of a vehicle removed or
stored or otherwise at the request of a police officer shall
release the personal property within the vehicle to the owner of
the vehicle or a person acting as agent for the owner during
regular office hours upon presentation of proper identification.
No charge may be assessed against the owner or agent for the
removal or release of the personal property.
(d) A vehicle defined as abandoned under W.S.
31-13-101(a)(x)(D), including vehicles left unattended or
unclaimed at an establishment for towing and recovery services,
may be disposed of as are other abandoned vehicles.
(e) A property owner or person in lawful control of the
property upon which a vehicle is abandoned or any sheriff who is
authorized to sell an abandoned vehicle pursuant to this act may
in lieu of selling the vehicle, file or cause to be filed by the
county attorney if a sheriff, an action in the county where the
vehicle is impounded in the circuit court. The action shall be
in rem and against the vehicle, vehicle owner, and all known and
unknown parties with an interest in the vehicle. The defendants
in the action shall be served as provided in the Wyoming Rules
of Civil Procedure. Judgment in the civil action is limited to
the value of the vehicle as determined by its sale price at the
sale conducted by the sheriff after judgment is entered. All
expenses incident to the removal, preservation, custody, sale
and storage of the vehicle shall be paid. Except as otherwise
provided in W.S. 31-13-111(f), any remaining proceeds:
(i) Shall be distributed pursuant to W.S. 31-13-111
if a vehicle is impounded by a police officer pursuant to W.S.
31-13-104; or
(ii) May be retained by the property owner or person
in lawful control of the property upon which a vehicle is
abandoned who files an action pursuant to this subsection.
(f) After any vehicle has been sold under subsection (e)
of this section, the former owner, any lienholder or person
entitled to possession of the vehicle has no further right,
title, claim or interest in or to the vehicle or its contents,
and all liens, encumbrances and security interests are
extinguished.
(g) Repealed by Laws 2016, ch. 109, § 3.