2006 Code of Virginia § 46.2-1208 - Vehicles abandoned on private property other than garages

46.2-1208. Vehicles abandoned on private property other than garages.

Notwithstanding any other provisions of this article, if an abandoned motorvehicle is left on private property, other than an establishment covered bythe provisions of 46.2-1204, regardless of whether the vehicle had beenbrought to that location with the consent of the owner or person in controlof the private property, the owner or person in control of the privateproperty may send a notice, by registered or certified mail, return receiptrequested, to the owner of record of the motor vehicle and all persons havingsecurity interests in the vehicle of record in the office of the Department,describing the motor vehicle by year, make, model, and serial number, andadvising that unless the vehicle is reclaimed and removed within 30 days or,if the vehicle is a manufactured home or a mobile home, 120 days, from thedate of the notice, its owner and all persons having security interests inthe vehicle shall have waived all right, title, and interest in the vehicle.The owner of record of the manufactured home or mobile home and all personshaving a security interest therein shall be jointly and severally liable forpayment of unpaid actual rent to the owner or person in control of theprivate property for no more than 90 days following the end of the 30-daynotification period. If the motor vehicle is not reclaimed by its owner or aperson having a security interest in the vehicle of record within therequired number of days from the date of the notice, the owner or person incontrol of the private property on which the motor vehicle was abandoned mayapply to the Department for a title to such vehicle. On verification that thenotice provisions of this section have been complied with and payment of thecertificate of title fee prescribed by 46.2-627, the Department shall issuea certificate of title to the vehicle in the name of the person submittingthe application. The Commissioner shall issue appropriate forms andpromulgate appropriate regulations governing applications for title toabandoned motor vehicles pursuant to this section.

The provisions of this section shall be applicable in the case of any motorvehicle, trailer, semitrailer, or part of a motor vehicle, trailer, orsemitrailer abandoned on private property, whether or not the locality inwhich the private property is located has provided by ordinance for theremoval and disposition of abandoned vehicles in accordance with this article.

The provisions of this section shall apply only to motor vehicles registeredin Virginia. In cases of motor vehicles registered in other states, theCommissioner shall issue certificates of title to their owners on proofsatisfactory to the Commissioner that the persons required to be notified byregistered or certified mail have received actual notice fully containing theinformation required by this section.

(1976, c. 227, 46.1-555.10; 1978, c. 168; 1984, c. 143; 1989, c. 727; 2004,c. 353.)