2009 Iowa Code
Title 8 - Transportation
Subtitle 2 - Vehicles
CHAPTER 321 - MOTOR VEHICLES AND LAW OF THE ROAD
321.89 - ABANDONED VEHICLES.

        321.89  ABANDONED VEHICLES.
         1.  Definitions.  As used in this section and sections 321.90
      and 321.91 unless the context otherwise requires:
         a.  "Abandoned vehicle" means any of the following:
         (1)  A vehicle that has been left unattended on public property
      for more than twenty-four hours and lacks current registration plates
      or two or more wheels or other parts which renders the vehicle
      totally inoperable.
         (2)  A vehicle that has remained illegally on public property for
      more than twenty-four hours.
         (3)  A vehicle that has been unlawfully parked on private property
      or has been placed on private property without the consent of the
      owner or person in control of the property for more than twenty-four
      hours.
         (4)  A vehicle that has been legally impounded by order of a
      police authority and has not been reclaimed for a period of ten days.
      However, a police authority may declare the vehicle abandoned within
      the ten-day period by commencing the notification process in
      subsection 3.
         (5)  Any vehicle parked on the highway determined by a police
      authority to create a hazard to other vehicle traffic.
         (6)  A vehicle that has been impounded pursuant to section 321J.4B
      by order of the court and whose owner has not paid the impoundment
      fees after notification by the person or agency responsible for
      carrying out the impoundment order.
         b.  "Demolisher" means a person licensed under chapter 321H
      whose business it is to convert a vehicle to junk, processed scrap,
      or scrap metal, or otherwise to wreck or dismantle vehicles.
         c.  "Police authority" means the state patrol, any law
      enforcement agency of a county or city, or any special security
      officer employed by the state board of regents under section 262.13.

         2.  Authority to take possession of abandoned vehicles.  A
      police authority, upon the authority's own initiative or upon the
      request of any other authority having the duties of control of
      highways or traffic, shall take into custody an abandoned vehicle on
      public property and may take into custody an abandoned vehicle on
      private property.  The police authority may employ its own personnel,
      equipment, and facilities or hire a private entity, equipment, and
      facilities for the purpose of removing, preserving, storing, or
      disposing of abandoned vehicles.  A property owner or other person in
      control of private property may employ a private entity who is a
      garagekeeper, as defined in section 321.90, to dispose of an
      abandoned vehicle, and the private entity may take into custody the
      abandoned vehicle without a police authority's initiative.  If a
      police authority employs a private entity to dispose of abandoned
      vehicles, the police authority shall provide the private entity with
      the names and addresses of the registered owners, all lienholders of
      record, and any other known claimant to the vehicle or the personal
      property found in the vehicle.  The owners, lienholders, or other
      claimants of the abandoned vehicle shall not have a cause of action
      against a private entity for action taken under this section if the
      private entity provides notice as required by subsection 3, paragraph
      "a".
         3.  Notification of owner, lienholders, and other claimants.
         a.  A police authority or private entity that takes into
      custody an abandoned vehicle shall notify, within twenty days, by
      certified mail, the last known registered owner of the vehicle, all
      lienholders of record, and any other known claimant to the vehicle or
      to personal property found in the vehicle, addressed to the parties'
      last known addresses of record, that the abandoned vehicle has been
      taken into custody.  Notice shall be deemed given when mailed.  The
      notice shall describe the year, make, model, and vehicle
      identification number of the vehicle, describe the personal property
      found in the vehicle, set forth the location of the facility where
      the vehicle is being held, and inform the persons receiving the
      notice of their right to reclaim the vehicle and personal property
      within ten days after the effective date of the notice upon payment
      of all towing, preservation, and storage charges resulting from
      placing the vehicle in custody and upon payment of the costs of
      notice required pursuant to this subsection.  The notice shall also
      state that the failure of the owner, lienholders, or claimants to
      exercise their right to reclaim the vehicle or personal property
      within the time provided shall be deemed a waiver by the owner,
      lienholders, and claimants of all right, title, claim, and interest
      in the vehicle or personal property and that failure to reclaim the
      vehicle or personal property is deemed consent to the sale of the
      vehicle at a public auction or disposal of the vehicle to a
      demolisher and to disposal of the personal property by sale or
      destruction.  If the abandoned vehicle was taken into custody by a
      private entity without a police authority's initiative, the notice
      shall state that the private entity may claim a garagekeeper's lien
      as described in section 321.90, subsection 1, and may proceed to sell
      or dispose of the vehicle.  If the abandoned vehicle was taken into
      custody by a police authority or by a private entity hired by a
      police authority, the notice shall state that any person claiming
      rightful possession of the vehicle or personal property who disputes
      the planned disposition of the vehicle or property by the police
      authority or private entity or of the assessment of fees and charges
      provided by this section may ask for an evidentiary hearing before
      the police authority to contest those matters.  If the persons
      receiving notice do not ask for a hearing or exercise their right to
      reclaim the vehicle or personal property within the ten-day
      reclaiming period, the owner, lienholders, or claimants shall no
      longer have any right, title, claim, or interest in or to the vehicle
      or the personal property.  A court in any case in law or equity shall
      not recognize any right, title, claim, or interest of the owner,
      lienholders, or claimants after the expiration of the ten-day
      reclaiming period.
         b.  If it is impossible to determine with reasonable certainty
      the identity and addresses of the last registered owner and all
      lienholders, notice by one publication in one newspaper of general
      circulation in the area where the vehicle was abandoned shall be
      sufficient to meet all requirements of notice under this section.
      The published notice may contain multiple listings of abandoned
      vehicles and personal property but shall be published within the same
      time requirements and contain the same information as prescribed for
      mailed notice in paragraph "a".
         4.  Auction of abandoned vehicles.
         a.  If an abandoned vehicle has not been reclaimed as provided
      for in subsection 3, the police authority or private entity shall
      make a determination as to whether or not the vehicle shall be sold
      for use upon the highways.  If the vehicle is not sold for use upon
      the highways, it shall be sold for junk, or demolished and sold as
      scrap.  The police authority or private entity shall sell the vehicle
      at public auction.  Notwithstanding any other provision of this
      section, a police authority or private entity may dispose of the
      vehicle to a demolisher for junk without public auction after
      complying with the notification procedures in subsection 3.  The
      purchaser of the vehicle takes title free and clear of all liens and
      claims of ownership, shall receive a sales receipt from the police
      authority or private entity, and is entitled to register the vehicle
      and receive a certificate of title if sold for use upon the highways.
      If the vehicle is sold or disposed of to a demolisher for junk, the
      demolisher shall make application for a junking certificate to the
      county treasurer within thirty days of purchase and shall surrender
      the sales receipt in lieu of the certificate of title.
         b.  From the proceeds of the sale of an abandoned vehicle the
      police authority, if the police authority did not hire a private
      entity, shall reimburse itself for the expenses of the auction, the
      costs of towing, preserving, and storing which resulted from placing
      the abandoned vehicle in custody, all notice and publication costs
      incurred pursuant to subsection 3, the cost of inspection, and any
      other costs incurred except costs of bookkeeping and other
      administrative costs.  Any remainder from the proceeds of a sale
      shall be held for the owner of the vehicle or entitled lienholder for
      ninety days, and shall then be deposited in the road use tax fund.
      The costs to police authorities of auction, towing, preserving,
      storage, and all notice and publication costs, and all other costs
      which result from placing abandoned vehicles in custody, whenever the
      proceeds from a sale of the abandoned vehicles are insufficient to
      meet these expenses and costs, shall be paid from the road use tax
      fund and are the obligation of the last owner or owners, jointly and
      severally.
         c.  The director of transportation shall establish by rule a
      claims procedure to be followed by police authorities in obtaining
      expenses and costs from the fund and procedures for reimbursement of
      expenses and costs to a private entity hired by a police authority to
      take custody of an abandoned vehicle.  If a private entity has been
      hired by a police authority, the police authority shall file a claim
      with the department for reimbursement of towing fees which shall be
      paid from the road use tax fund.  

         Section History: Early Form

         [C73, 75, 77, 79, 81, § 321.89] 

         Section History: Recent Form

         84 Acts, ch 1305, § 59; 85 Acts, ch 64, § 2; 87 Acts, ch 123, § 1;
      88 Acts, ch 1158, § 66; 92 Acts, ch 1238, § 31; 95 Acts, ch 48, §3;
      95 Acts, ch 118, §13; 96 Acts, ch 1126, § 4; 98 Acts, ch 1074, §22;
      2000 Acts, ch 1016, §11; 2005 Acts, ch 35, §31; 2005 Acts, ch 64, §1;
      2009 Acts, ch 130, §23, 24
         Referred to in § 8A.323, 80.39, 321.20B, 321.88, 321.90, 321.91,
      321J.4B, 555B.1