LB616 LB616
2021 2021
LEGISLATIVE BILL 616
Approved by the Governor May 5, 2021
Introduced by Hughes, 44.
A BILL FOR AN ACT relating to abandoned motor vehicles; to amend sections
60-1902, 60-1903, and 60-1903.01, Reissue Revised Statutes of Nebraska,
and section 60-1901, Revised Statutes Cumulative Supplement, 2020; to change provisions regarding vesting of title and notification of
disposition; to harmonize provisions; and to repeal the original sections.
Be it enacted by the people of the State of Nebraska,
Section 1. Section 60-1901, Revised Statutes Cumulative Supplement, 2020,
is amended to read:
60-1901 (1) A motor vehicle is an abandoned vehicle:
(a) If left unattended, with no license plates or valid In Transit stickers issued pursuant to the Motor Vehicle Registration Act affixed thereto,
for more than six hours on any public property;
(b) If left unattended for more than twenty-four hours on any public property, except a portion thereof on which parking is legally permitted;
(c) If left unattended for more than forty-eight hours, after the parking of such vehicle has become illegal, if left on a portion of any public property on which parking is legally permitted;
(d) If left unattended for more than seven days on private property if
left initially without permission of the owner, or after permission of the owner is terminated;
(e) If left for more than thirty days in the custody of a law enforcement agency after the agency has sent a letter to the last-registered owner and lienholder under section 60-1903.01; or
(f) If removed from private property by a municipality pursuant to a municipal ordinance.
(2) An all-terrain vehicle, a utility-type vehicle, or a minibike is an abandoned vehicle:
(a) If left unattended for more than twenty-four hours on any public property, except a portion thereof on which parking is legally permitted;
(b) If left unattended for more than forty-eight hours, after the parking of such vehicle has become illegal, if left on a portion of any public property on which parking is legally permitted;
(c) If left unattended for more than seven days on private property if
left initially without permission of the owner, or after permission of the owner is terminated;
(d) If left for more than thirty days in the custody of a law enforcement agency after the agency has sent a letter to the last-registered owner and lienholder under section 60-1903.01; or
(e) If removed from private property by a municipality pursuant to a municipal ordinance.
(3) A mobile home is an abandoned vehicle if left in place on private property for more than thirty days after a local governmental unit, pursuant to
an ordinance or resolution, has sent a certified letter to each of the last-
registered owners and posted a notice on the mobile home, stating that the mobile home is subject to sale or auction or vesting of title as set forth in
section 60-1903.
(4) For purposes of this section:
(a) Mobile home means a movable or portable dwelling constructed to be towed on its own chassis, connected to utilities, and designed with or without
a permanent foundation for year-round living. It may consist of one or more units that can be telescoped when towed and expanded later for additional capacity, or of two or more units, separately towable but designed to be joined into one integral unit, and shall include a manufactured home as defined in
section 71-4603. Mobile home does not include a mobile home or manufactured home for which an affidavit of affixture has been recorded pursuant to section
60-169;
(b) Public property means any public right-of-way, street, highway, alley,
or park or other state, county, or municipally owned property; and
(c) Private property means any privately owned property which is not included within the definition of public property.
(5) No motor vehicle subject to forfeiture under section 28-431 shall be
an abandoned vehicle under this section.
Sec. 2. Section 60-1902, Reissue Revised Statutes of Nebraska, is amended to read:
60-1902 If an abandoned vehicle, at the time of abandonment, has no
license plates of the current year or valid In Transit stickers issued pursuant to section 60-376 affixed and is of a wholesale value, taking into consideration the condition of the vehicle, of five hundred two hundred fifty dollars or less, title shall immediately vest in the local authority or state agency having jurisdiction thereof as provided in section 60-1904. Any certificate of title issued under this section to the local authority or state agency shall be issued at no cost to such authority or agency.
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LB616 LB616
2021 2021
Sec. 3. Section 60-1903, Reissue Revised Statutes of Nebraska, is amended to read:
60-1903 (1) Except for vehicles governed by section 60-1902, the local authority or state agency having custody of an abandoned vehicle shall make an
inquiry concerning the last-registered owner of such vehicle as follows:
(a) Abandoned vehicle with license plates affixed, to the jurisdiction which issued such license plates; or
(b) Abandoned vehicle with no license plates affixed, to the Department of
Motor Vehicles.
(2) The local authority or state agency shall notify the last-registered owner, if any, and any lienholder, if any, within fifteen business days that the vehicle in question has been determined to be an abandoned vehicle and that, if unclaimed, either (a) it will be sold or will be offered at public auction after five days from the date such notice was mailed or (b) title will vest in the local authority or state agency thirty days after the date such notice was mailed. If the agency described in subdivision (1)(a) or (b) of this section also notifies the local authority or state agency that a lien or
mortgage exists, such notice shall also be sent to the lienholder or mortgagee.
Any person claiming such vehicle shall be required to pay the cost of removal and storage of such vehicle.
(3) Title to an abandoned vehicle, if unclaimed, shall vest in the local authority or state agency (a) five days after the date the notice is mailed if
the vehicle will be sold or offered at public auction under subdivision (2)(a)
of this section, (b) thirty days after the date the notice is mailed if the local authority or state agency will retain the vehicle, or (c) if the last-
registered owner cannot be ascertained, when notice of such fact is received.
(4) After title to the abandoned vehicle vests pursuant to subsection (3)
of this section, the local authority or state agency may retain for use, sell,
or auction the abandoned vehicle. If the local authority or state agency has determined that the vehicle should be retained for use, the local authority or
state agency shall, at the same time that the notice, if any, is mailed,
publish in a newspaper of general circulation in the jurisdiction an
announcement that the local authority or state agency intends to retain the abandoned vehicle for its use and that title will vest in the local authority or state agency thirty days after the publication.
Sec. 4. Section 60-1903.01, Reissue Revised Statutes of Nebraska, is amended to read:
60-1903.01 A state or local law enforcement agency which has custody of a motor vehicle for investigatory purposes and has no further need to keep it in custody shall send a certified letter to each of the last-registered owners, if any, and lienholders, if any, within fifteen calendar days stating that the vehicle is in the custody of the law enforcement agency, that the vehicle is no longer needed for law enforcement purposes, and that after thirty days the agency will dispose of the vehicle. This section shall not apply to motor vehicles subject to forfeiture under section 28-431. No storage fees shall be
assessed against the registered owner of a motor vehicle held in custody for investigatory purposes under this section unless the registered owner or the person in possession of the vehicle when it is taken into custody is charged with a felony or misdemeanor related to the offense for which the law enforcement agency took the vehicle into custody. If a registered owner or the person in possession of the vehicle when it is taken into custody is charged with a felony or misdemeanor but is not convicted, the registered owner shall be entitled to a refund of the storage fees.
Sec. 5. Original sections 60-1902, 60-1903, and 60-1903.01, Reissue Revised Statutes of Nebraska, and section 60-1901, Revised Statutes Cumulative Supplement, 2020, are repealed.
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Statutes affected:
Introduced: 60-1901, 60-1902, 60-1903, 60-1903.01
Final Reading: 60-1901, 60-1902, 60-1903, 60-1903.01
Slip Law: 60-1901, 60-1902, 60-1903, 60-1903.01