Statutes, codes, and regulations
Nebraska Administrative Code
MOTOR VEHICLES, DEPARTMENT OFTitle 247 - NEBRASKA ADMINISTRATIVE CODE, NEBRASKA DEPARTMENT OF MOTOR VEHICLES
Chapter 3 - RULES AND REGULATIONS FOR THE DESIGNATION AND DISPOSITION OF ABANDONED VEHICLES PURSUANT TO NEB. REV. STAT. SECTIONS 60-1901 THROUGH 60-1911
Section 247-3-003 - PROCEDURE FOR COUNTIES, CITIES, OR VILLAGES

247 Neb. Admin. Code, ch. 3, § 003

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Current through September 17, 2024
Section 247-3-003 - PROCEDURE FOR COUNTIES, CITIES, OR VILLAGES
003.01Determine the Value of the Vehicle.

The value of a vehicle for the purposes of this Chapter is the wholesale value of the vehicle as described in the most recent issue of the applicable NADA guide, or other reliable pricing method if the NADA guide is not available. It is not necessary to determine the exact value of the vehicle, but rather whether such value is more or less than two hundred fifty dollars ($ 250.00). The general condition of the vehicle shall also be taken into account when making this determination. In determining the value of the vehicle, any contents of the vehicle shall not be considered.

003.02Vehicles with a Value of Two Hundred Fifty Dollars ($ 250.00) or Less.

The title to any abandoned vehicle which at the time it was abandoned did not have either current license plates or valid "In Transit" decals issued by a licensed automobile dealer attached to it and which has a value of two hundred fifty dollars ($ 250.00) or less vests immediately with the county, city, or village in which it was abandoned. The appropriate county official shall issue a new title in the name of the county, city, or village at no cost to the county, city, or village. Any liens existing against the previous title shall be extinguished.

003.03Vehicles with a Value of over Two Hundred Fifty Dollars ($ 250.00), Inquiry as to Last Registered Owner(s).

When an abandoned vehicle is determined to have a value of more than two hundred fifty dollars ($ 250.00), the county, city, or village shall make an inquiry as to the last registered owner(s) as follows:

003.03A If the vehicle bears Nebraska license plates, regardless of whether they are current or not, "In Transit" decals, or no license plates, an inquiry shall be made to the Department. Any vehicle bearing hand made "In Transit" decals shall be considered a vehicle without license plates for the purposes of this Chapter; or
003.03B If the vehicle has current license plates issued by a state other than Nebraska, "In Transit" decals or temporary license plates issued by a state other than Nebraska, the inquiry shall be made to the Department of Motor Vehicles or appropriate agency responsible for vehicle records of that state in the manner provided for and upon payment of the fee established by that state.
003.04Notice to Last Registered Owner(s) and Lienholder(s).

After the last registered owner(s) of the vehicle has been determined, the county, city, or village shall send notice to the owner(s) at his or her last-known address by certified or registered United States mail. The notice shall state that the vehicle in question has been determined to be an abandoned vehicle and if not claimed will be sold or auctioned after five days of the date the notice was mailed, or if the county, city, or village intends to retain the vehicle, that title to the vehicle will vest in the county, city, or village 30 days after the date the notice was mailed. If any liens are found to exist against the title of the vehicle as a result of the inquiry described in subsection 003.03 of these rules and regulations, a copy of this notice shall also be sent by certified or registered United States mail to each lienholder.

003.05No Notice Required If Unable to Determine the Owner or Lienholder.

If the vehicle is in such a condition that vehicle identification numbers or other means of identification are not available to determine the last-registered owner or lienholder, the vehicle may be disposed of without notice.

003.06Not Registered.

If the vehicle is not required to be registered or the vehicle has never been registered, the city, county, or village shall follow the procedures above and use any ownership and lien information from the vehicle title and follow the notification procedures above.

003.07Publication of Notice of Intent to Retain Abandoned Vehicle.

If the county, city, or village has determined that it will retain an abandoned vehicle for its own use rather than sell or auction it, that county, city, or village shall also publish notice in a Nebraska newspaper of general circulation that it intends to retain the vehicle for its own use, and that title will vest with the county, city, or village 30 days following the date of publication of notice. This notice shall be published on the same date that the notice described in subsection 003.04 of these rules and regulations is sent to the last registered owner(s) and each lienholder, if any.

003.08Claiming the Vehicle.

The last registered owner(s) or any lienholder(s) may claim the vehicle within the period prescribed in subsection 003.04 of these rules and regulations by presenting acceptable identification and a copy of the notice to the appropriate official of the county, city, or village in which the vehicle was abandoned. Any person claiming the vehicle shall pay the county, city, or village or its contractual towing agent for the costs of towing and storing the vehicle.

003.09Vesting of Title.

If unclaimed, the title to any vehicle with a value of over two hundred fifty dollars ($ 250.00) shall vest in the county, city or village as follows:

003.09A If the last registered owner(s) of the vehicle has been determined, five days from the date of mailing of notice to the last registered owner(s);
003.09B If the last registered owner(s) of the vehicle cannot be determined, the date on which the county, city, or village was so notified; or
003.09C If the county, city, or village intends to retain the vehicle for its own use, 30 days following the date of notice by publication, provided that 30 days has elapsed from the date of mailing of notice to the last registered owner(s).
003.10Issuance of Title. No Response by Owner(s) or Lienholder(s) Within 30 Days.

Once title to a vehicle has vested with the county, city, or village as described in subsection 003.09 of these rules and regulations, the county, city or village shall wait an additional 30 days before applying for a title. If the owner(s) or lienholder(s) does not remove the vehicle within 30 days from the vesting of title, a representative of the county, city, or village shall present the AFFIDAVIT AND REQUEST FOR CERTIFICATE OF TITLE FOR MOTOR VEHICLE/ATV/MINIBIKE/MOTORBOAT - LAW ENFORCEMENT ONLY to the appropriate county official of the county in which the vehicle is located. That county official shall issue a new title in the name of the county, city, or village at no cost to the county, city, or village.

003.11Disposition of Vehicle upon Receipt of Title.

Upon receipt of a title, the county, city, or village may sell or auction the vehicle or retain it for its own use. Nothing in this Chapter shall prevent a county, city, or village from transferring the title of a vehicle to an individual or company which towed or stored the vehicle in order to satisfy towing or storage costs.

003.12Liability.

The owner(s), lessee, or occupant of any private property from which an abandoned vehicle is removed shall not be liable for any loss or damage to the vehicle which occurs as a result of its removal. The county, city, or village or its contractual towing agent shall likewise not be liable for any loss or damage to such vehicle which occurs as a result of its removal from public or private property, towing, or storage.

247 Neb. Admin. Code, ch. 3, § 003