How To Claim an Abandoned Vehicle in South Dakota

Claiming an abandoned vehicle in South Dakota is a statutory process governed by Chapter 32-36 and related provisions of state law. The process provides for removal of abandoned vehicles, notification to owners and lienholders, a mandatory waiting period, title vesting in the removal agency, and application for a certificate of title branded as an abandoned vehicle. Strict adherence to statutory timelines, notice requirements, and procedural steps is necessary to lawfully acquire title to an abandoned vehicle free of the prior owner's claim.

What Qualifies As An Abandoned Vehicle In South Dakota

An abandoned motor vehicle in South Dakota is defined as any motor vehicle left on a public street or highway or left on private property without the permission of the landowner or tenant. The state also provides related definitions for impounded vehicles, junk vehicles, and other motor vehicle categories.

A vehicle qualifies as abandoned when it meets one or more of the following conditions:

The vehicle is left unattended on any public road, highway, or highway right-of-way for longer than 24 hours without notification to the sheriff, highway patrol office, peace officer of the municipality, or appropriate municipal officials.
The vehicle is left on private property without the permission of the landowner or tenant.
The vehicle is left attended or unattended on a bridge, causeway, or tunnel, or on the traveled portion of any roadway where the vehicle constitutes an obstruction and hazard to traffic.
The vehicle appears to have sustained reportable accident damage.

A removal agency includes any public body or private or nonprofit organization authorized to remove and salvage abandoned and junk motor vehicles. A removal agency may be authorized to remove vehicles, may be hired or appointed by a public body, or may be in the business of removing or salvaging vehicles.

Process To Claim An Abandoned Vehicle In South Dakota

Understanding The Abandoned Vehicle Process

South Dakota does not permit private acquisition of abandoned vehicles by mere possession. Instead, the state vests title to abandoned vehicles in authorized removal agencies after a mandatory statutory process. Once a removal agency complies with notice, waiting period, and application requirements, the agency receives a certificate of title branded as an "abandoned vehicle" from the South Dakota Department of Revenue. The removal agency may then sell the vehicle or register and operate it. Private individuals may not directly acquire abandoned vehicles; instead, removal agencies handle their acquisition and title transfer.

Remove Or Authorize Removal Of The Abandoned Vehicle

When an authorized law enforcement agent, sheriff, or peace officer of South Dakota finds an abandoned vehicle, the officer is authorized to provide for removal of the vehicle to the nearest garage or place of safety. Alternatively, a private property owner may authorize a removal agency to remove an abandoned vehicle from the owner's property.

No removal agency may remove abandoned motor vehicles from private property without the written permission of the landowner or tenant. A violation of this restriction is a Class 2 misdemeanor. For vehicles removed from public highways at the direction of law enforcement, the removal agency must report the removal to law enforcement within 24 hours if the removal was not made at the written request of an authorized person.

Request Title Information From The Department Of Revenue

The removal agency must request title information from the South Dakota Department of Revenue. Under Section 32-36-5, the Department of Revenue shall cooperate with any removal agency by providing the last known address of the record holder of title and any readily identifiable lienholders free of charge. This information is essential for preparing a proper notice to the owner and any lienholders.

Send Required Notice To Owner And Lienholders

Within 45 days after the abandoned vehicle has been removed, the removal agency shall send written notice by certified mail to the registered owner and to all readily identifiable lienholders of record at their last known addresses. The notice must be submitted on the Notice of Abandoned Motor Vehicle Form (E1791V5), provided by the Department of Revenue.

The notice must set forth the date and place of the taking, the year, make, model, and serial number of the abandoned motor vehicle, and the place where the vehicle is being held. The notice must inform the owner and lienholders of their right to reclaim the vehicle.

Critical timing restrictions apply: If the removal agency does not send notice within 10 days from the date of removal, no storage charges may be assessed beyond the 10-day period until the notice is mailed. If notice is not sent within 45 days of removal, the removal agency is prohibited from applying for an abandoned vehicle title.

If the owner or lienholder is not readily identifiable, the notice shall be published once in a newspaper of general circulation in the area where the motor vehicle was abandoned. Published notices may be grouped together for convenience and economy.

Allow The Statutory Waiting Period For Reclamation

After notice is sent to the owner and lienholders, a mandatory 30-day waiting period begins. During this period, the record holder of title or any lienholder may reclaim the motor vehicle by notifying the removal agency and the Division of Motor Vehicles in writing. If the owner or lienholder intends to reclaim the vehicle, written notification must be sent within 30 days to the removal agency and to the Division of Motor Vehicles at 445 E. Capitol Avenue, Pierre, SD 57501.

If the owner or lienholder reclaims and removes the vehicle within the 30-day period and pays all towing and storage charges, the abandoned vehicle process terminates.

Allow Title To Vest In The Removal Agency

If the record holder of the title fails to claim and remove the vehicle within 30 days after mailing of the notice, the title to the vehicle is irrevocably vested in the removal agency. Title vests automatically by operation of law; no additional action is required to transfer ownership from the prior owner to the removal agency.

Apply For A Certificate Of Title

After the title vests in the removal agency, the removal agency shall apply to the Department of Revenue for a certificate of title. The removal agency shall submit a completed Application for Motor Vehicle Title and Registration (Form 1001) and a $10 title fee.

If an owner or lienholder does not surrender the original title to the removal agency, the removal agency shall submit the following supporting documents with the title application:

Copies of written notices sent to the registered owner and lienholders.
Certified mail return receipts indicating delivery to the owner and any lienholders.
An affidavit stating that notices were sent and listing the persons to whom notices were sent.
If the vehicle was removed from private property, written permission from the landowner is required.

Receive And Use The Abandoned Vehicle Title

The Department of Revenue shall issue a certificate of title stamped on the front and back with the words "abandoned vehicle". If the vehicle is determined to be a salvage or junk vehicle, the Department shall issue a salvage or junk vehicle title, also branded as an abandoned vehicle. If the original title to the motor vehicle was a salvage title or a rebuilt title, the new title issued shall retain that brand designation.

Before issuance of the abandoned vehicle title, the Department of Revenue verifies the vehicle information against the stolen vehicle file to ensure the vehicle was not stolen. If the vehicle is found to be stolen, the title will not be issued.

The removal agency may elect to register the vehicle after the abandoned vehicle title is issued. At the time of registration, the removal agency must pay the 4 percent excise tax based on NADA book value (if applicable), license fees, and any other fees applicable to the vehicle classification. If the removal agency intends to sell the vehicle at a public auction, it must comply with applicable dealer licensing requirements and auction procedures.

Special Rules For Salvage, Rebuilt, Or Inoperable Vehicles

Vehicles previously branded as salvage or junk retain that branding on the abandoned vehicle title issued by the Department of Revenue. A vehicle bearing a salvage brand cannot be registered or lawfully operated on South Dakota highways until the vehicle is restored by a licensed rebuilder, inspected by the Department of Motor Vehicles, and issued a rebuilt certificate of title.

If a vehicle is left for repairs and remains unclaimed, an abandoned title cannot be obtained. The removal agency must instead apply under the unpaid repair bill process, which involves filing a mechanic's lien claim through the local county treasurer's office.

Maintain Records

The removal agency must maintain comprehensive records for a minimum of 5 years from the date of removal. Records must include copies of all notices sent to prior owners and lienholders, certified mail return receipt cards, the application submitted to the Department of Revenue, the title documents issued, evidence of storage location and charges, and documentation of the vehicle's disposition. These records are subject to verification by the Department of Revenue.

South Dakota Storage Fees And Financial Considerations

Storage Fee Rules And Restrictions

The removal agency holding an abandoned vehicle has a possessory lien on the vehicle and its contents for the reasonable costs of taking custody of and storing the vehicle. However, storage charges are strictly limited. If the removal agency does not send notice within 10 days from the date of removal, no storage charges may be assessed beyond the 10-day period until the notice is mailed.

Storage charges may accrue at a daily rate disclosed in the notice to the owner and lienholder. The removal agency must provide the specific daily storage rate in the notice so the owner and lienholder understand the financial consequences of nonreclamation. Failure to notify the owner and lienholder of storage charges may result in those charges being waived or reduced.

Towing And Recovery Charges

Section 32-30-18 provides that the sheriff, law enforcement officer, or removal agency taking custody of any vehicle under abandonment provisions has a possessory lien for reasonable costs of taking custody and storing the vehicle. The state does not establish specific maximum towing or recovery rates, but the law requires that charges be reasonable. The lien on the vehicle's contents may not exceed $500.

No possessory lien attaches to tools and implements that a person uses for carrying on his or her trade or business, nor to clothing or food.

Civil Liability For Abandonment

Any owner of a motor vehicle who intentionally abandons a motor vehicle on any public highway or right-of-way is civilly liable to the removal agency for the expense of towing the motor vehicle and for any storage expenses. Additionally, abandonment of a motor vehicle on a public highway or right-of-way is a Class 2 misdemeanor. A person convicted of abandoning a motor vehicle must pay any reasonable towing and storage fees if the person was notified as required by law. The court may suspend the criminal fine if the person pays the towing and storage expenses.

Sale Or Transfer Of The Vehicle By Removal Agency

After acquiring title to an abandoned vehicle, the removal agency may dispose of it in several ways. The removal agency may register the vehicle and operate it. The removal agency may sell the vehicle, subject to applicable dealer licensing requirements, if the sale constitutes a business transaction. If the removal agency is not a licensed dealer, sales of vehicles for amounts exceeding $1,200 are subject to dealer licensing requirements.

The removal agency may also sell the vehicle at a public auction if it operates as a licensed auction agency or if the vehicle is sold through a licensed dealer's auction agency. Sale proceeds are retained by the removal agency and applied first to satisfy any liens of record shown on the certificate of title.

Record Retention And Documentation

The removal agency must maintain complete records documenting the entire abandoned vehicle process for 5 years. Records must include proof of notice sent to the owner and lienholders, certified mail delivery receipts, the vehicle description and identification information, the storage location and daily rates, all charges incurred, and documentation showing the vehicle's final disposition. These records are subject to inspection and verification by the Department of Revenue and law enforcement.

Contact Information

South Dakota Department of Revenue - Motor Vehicle Division
445 E. Capitol Avenue, Pierre, SD 57501
Phone: (605) 773-3541
Official Website: South Dakota Department of Revenue