Nebraska Administrative Code
Topic - MOTOR VEHICLES, DEPARTMENT OF
Title 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 247-3-005 - PROCEDURE FOR VEHICLES HELD BY LAW ENFORCEMENT AGENCIES FOR INVESTIGATIVE PURPOSES

Universal Citation: 247 NE Admin Rules and Regs ch 3 § 005

Current through March 20, 2024

005.01 Determine 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.

005.02 Vehicles 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 law enforcement agency. The appropriate official of the law enforcement agency shall present the AFFIDAVIT AND REQUEST FOR CERTIFICATE OF TITLE FOR MOTOR VEHICLE/ATV/MINIBIKE/MOTORBOAT - LAW ENFORCEMENT ONLY to the Department, which shall issue a new title in the name of the law enforcement agency at no cost. Any liens existing against the previous title shall be extinguished.

005.03 Vehicles 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 law enforcement agency shall make an inquiry as to the last registered owner(s) as follows:

005.03A 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

005.03B 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.

005.04 Notice to Last Registered Owner(s) and Lienholder(s).

After the last registered owner(s) of the vehicle has been determined, the law enforcement agency 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 law enforcement agency intends to retain the vehicle, that title to the vehicle will vest in the law enforcement agency 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 005.03 of these rules and regulations, a copy of this notice shall also be sent by certified or registered United States mail to each lienholder. A copy of this notice shall also be sent to any person other than the last registered owner(s) who was found to be operating or in the possession of such vehicle at the time it was seized by the law enforcement agency.

005.05 No 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.

005.06 Not Registered.

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

005.07 Publication of Notice of Intent to Retain Abandoned Vehicle.

If the law enforcement agency has determined that it will retain an abandoned vehicle for its own use rather than sell or auction it, the law enforcement agency 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 law enforcement agency 30 days following the date of publication of notice. This notice shall be published on the same date that the notice described in subsection 005.04 of these rules and regulations is sent to the last registered owner(s), each lienholder, if any, or any person found to be operating or in possession of the vehicle at the time it was seized.

005.08 Claiming the Vehicle.

The last registered owner(s), any lienholder(s), or person found to be operating or in possession of a vehicle at the time of its seizure by a law enforcement agency may claim the vehicle within the period prescribed in subsection 005.04 of these rules and regulations by presenting acceptable identification and a copy of the notice to the appropriate official of the law enforcement agency in which the vehicle was abandoned. Towing and storage costs shall be paid as follows:

005.08A By the owner or person operating or in the possession of the vehicle at the time of its seizure if such individual is charged with a misdemeanor or felony relating to the seizure of the vehicle; or

005.08B By the law enforcement agency if the owner(s) or person operating or in the possession of the vehicle at the time of its seizure is not charged with a misdemeanor or felony relating to the seizure of the vehicle, if such misdemeanor or felony is dismissed with prejudice, or if such individual is acquitted of the misdemeanor or felony charge following a criminal trial.

005.09 Vesting of Title.

If unclaimed, the title to any vehicle with a value of over two hundred fifty dollars ($ 250.00 ) shall vest with the law enforcement agency as follows:

005.09A Thirty (30) days following the date of notice to the last registered owner, lienholder, or person operating or in the possession of the vehicle at the time of its seizure; or

005.09B Immediately if no individual or company described in subsection 005.07A of these rules and regulations can be determined.

005.10 Issuance of Title.

Once title to a vehicle has vested with the law enforcement agency as described in subsection 005.07 of these rules and regulations, the law enforcement agency shall wait an additional 30 days before applying for a title. If the owner(s) or lienholder(s) does not appear or respond within 30 days from the vesting of title, the appropriate official of the law enforcement agency shall present the AFFIDAVIT AND REQUEST FOR CERTIFICATE OF TITLE FOR MOTOR VEHICLE/ATV/MINIBIKE/MOTORBOAT - LAW ENFORCEMENT ONLY to the appropriate county official or the Department, if a state agency which shall issue a new title in the name of the law enforcement agency at no cost.

005.11 Disposition of Vehicle upon Receipt of Title.

Upon receipt of a title, the law enforcement agency may sell or auction the vehicle or retain it for its own use. Nothing in this Chapter shall prevent a law enforcement agency 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.

005.12 Liability.

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 law enforcement agency 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.

Disclaimer: These regulations may not be the most recent version. Nebraska may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.

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