How To Claim an Abandoned Vehicle in Nebraska

Claiming an abandoned vehicle in Nebraska is a legal process governed by state statute and administered by local law enforcement agencies, county governments, and county treasurers. The procedure requires adherence to specific timelines for notification, waiting periods, and title transfer requirements established under Nebraska Revised Statutes §§ 60-1901 through 60-1911. Compliance with these procedures ensures that abandoned vehicles are properly identified, accounted for, and lawfully disposed of while protecting the interests of prior owners, lienholders, and local authorities.

What Qualifies as an Abandoned Vehicle in Nebraska

Nebraska defines an abandoned vehicle based on the vehicle type, location of abandonment, and duration of abandonment. Distinct standards apply to motor vehicles, all-terrain vehicles, minibikes, and motorboats, while mobile homes and manufactured homes are governed by separate procedures.

Motor Vehicles

A motor vehicle is classified as abandoned if it meets any of the following conditions:

Left unattended with no license plates or valid In-Transit decals for more than 6 hours on public property. Public property includes any public right-of-way, street, highway, alley, park, or other state, county, or municipally owned property.
Left unattended for more than 24 hours on public property where parking is legally permitted.
Left unattended for more than 48 hours after parking becomes illegal on public property where parking is otherwise permitted.
Left unattended for more than 7 days on private property when initially left without the property owner's permission or after permission is terminated. Private property means any privately owned property not included within the definition of public property.
Left in law enforcement custody for more than 30 days after the agency has sent notice to the last-registered owner and lienholder, if applicable.
Removed from private property by a municipality pursuant to municipal ordinance.

All-Terrain Vehicles, Utility-Type Vehicles, and Minibikes

An all-terrain vehicle, utility-type vehicle, or minibike is classified as abandoned if left unattended for more than 24 hours on public property where parking is legally permitted; left unattended for more than 48 hours after parking becomes illegal on public property; left unattended for more than 7 days on private property without the owner's permission or after permission is terminated; left for more than 30 days in law enforcement custody after notice is sent; or removed from private property by a municipality pursuant to ordinance.

Motorboats

A motorboat is classified as abandoned if left unattended for more than 7 days on private property or more than 7 days on private property when initially left without the property owner's permission or after permission is terminated; left in law enforcement custody for more than 30 days after notice is sent to the last-registered owner; or removed from private property by a municipality pursuant to ordinance.

Mobile Homes and Manufactured Homes

A mobile home or manufactured home is classified as abandoned if left in place on private property for more than 30 days after a local governmental unit, pursuant to an ordinance or resolution, has sent a certified letter to each last-registered owner and posted a notice on the structure stating that it is subject to sale, auction, or vesting of title as set forth in Nebraska Revised Statutes § 60-1903.

The point at which a vehicle transitions from abandoned to owned by the local authority or state agency depends on the notice procedures followed and whether the vehicle is claimed. Nebraska Revised Statutes § 60-1902 provides for immediate title vesting when an abandoned vehicle has no current license plates or a valid In-Transit decal and has a wholesale value of $500 or less. For all other abandoned vehicles, title vests upon the expiration of the applicable notice waiting period, provided the vehicle is not claimed.

Process To Claim an Abandoned Vehicle in Nebraska

Understanding the Abandoned Vehicle Process

Nebraska law restricts the ability to obtain title to an abandoned motor vehicle to law enforcement agencies that have custody of the vehicle. When a law enforcement agency determines a motor vehicle is abandoned under state statute, the agency may take custody of the vehicle and, after meeting specific notification and holding requirements established in Nebraska Revised Statutes § 60-1903, obtain a certificate of title in the agency's name from the county treasurer. The law enforcement agency then has the authority to dispose of the vehicle as it determines appropriate.

For vehicles left unattended on private property that do not meet the legal definition of abandoned vehicle (or when the vehicle owner has not authorized removal by law enforcement), a property owner towing the vehicle through private means may pursue a storage-repair lien procedure to recover storage and towing charges; however, this process does not result in the property owner obtaining ownership of the vehicle unless specific conditions are met and statutory procedures are followed in accordance with Nebraska Revised Statutes § 60-2410.

Possession of an abandoned vehicle alone does not transfer ownership. Title transfer occurs only through completion of the statutory procedures established by the Nebraska Department of Motor Vehicles and the county treasurer system.

Initial Determination and Custody

When a motor vehicle is determined to meet the statutory definition of abandoned, the appropriate law enforcement agency takes custody of the vehicle. The agency responsible for custody depends on where the vehicle is located: the county sheriff has jurisdiction over abandoned vehicles on county roads and private property within the county; city or village police have jurisdiction over abandoned vehicles on city or village streets; and the Nebraska State Patrol may take custody of vehicles on state highways.

When an abandoned vehicle is removed from private property at the request of the property owner or pursuant to municipal ordinance and is transferred to a county or city for custody, the local authority having jurisdiction is determined under Nebraska Revised Statutes § 60-1904 by the county in which the vehicle was abandoned or, if abandoned in a city or village, the city or village in which it was abandoned.

Investigate Vehicle Ownership and Send Certified Notice

Upon taking custody of an abandoned motor vehicle, the law enforcement agency shall conduct an inquiry into the last registered owner. For vehicles with license plates affixed, the inquiry is made to the jurisdiction that issued the plates. For vehicles without plates, the inquiry is made to the Nebraska Department of Motor Vehicles.

The agency must notify the last-registered owner, if ascertainable, and any lienholder, if any, within 15 business days that the vehicle has been determined to be an abandoned vehicle and that, if unclaimed, either the vehicle will be sold or offered at public auction after 5 days from the date the notice is mailed, or title will vest in the local authority or state agency 30 days after the date the notice is mailed. This notification must be sent by certified mail to the last-registered owner and lienholder listed in available records.

If the vehicle is governed by Nebraska Revised Statutes § 60-1902—that is, a vehicle with no current license plates or valid in-transit decal and a wholesale value of $500 or less—title vests immediately in the local authority or state agency with no cost to obtain the title. No notice or waiting period is required.

Allow the Statutory Waiting Period

After certified notice is sent to the owner and lienholder, title to the abandoned vehicle vests in the local authority or state agency after the applicable statutory period: 5 days after the date notice is mailed if the authority intends to sell or auction the vehicle, or 30 days after the date notice is mailed if the authority intends to retain the vehicle for use, in accordance with Nebraska Revised Statutes § 60-1903.

If the last-registered owner cannot be ascertained despite reasonable inquiry, title vests upon receipt of notice confirming that fact.

Any person claiming the abandoned vehicle during the waiting period must present satisfactory proof of ownership or right to possession to the law enforcement agency and pay all costs incurred in removal and storage.

Decide on Retention, Sale, or Auction

After title vests in the local authority or state agency, the authority may elect to retain the vehicle for its own use, sell it, or offer it at public auction. If the authority determines the vehicle should be retained for use, the authority must, at the same time notice is sent to the owner and lienholder, publish in a newspaper of general circulation in the jurisdiction an announcement that the local authority intends to retain the abandoned vehicle for its use and that title will vest 30 days after publication.

Execute Required Documents

If the abandoned vehicle is sold, the law enforcement agency or local authority executes appropriate sale documentation. For vehicles being transferred to a different purchaser at public auction or private sale, documentation establishing the change of ownership is prepared and provided to the purchaser.

Obtain Certificate of Title

For vehicles transferred to a purchaser other than the law enforcement agency that took custody, the purchaser may apply for a certificate of title through the county treasurer in the county where the vehicle is located, or through any county treasurer's office. The purchaser must present the required sale documentation and pay applicable title and registration fees. The Application for Certificate of Title must be completed and submitted to the county treasurer along with the required fee.

Title fees are established by Nebraska Revised Statutes §§ 60-154 and Nebraska Revised Statutes §§ 60-156. For a certificate of title application, county treasurers may charge a $10.00 fee, with additional fees for duplicate certificates and other title services.

If the law enforcement agency retains the vehicle for its own use, it holds title and may operate the vehicle without further registration or licensing for governmental purposes.

Maintain Records

Law enforcement agencies and local authorities must maintain records of all abandoned vehicles taken into custody, including documentation of the determination that the vehicle met the statutory definition of abandoned; the date the vehicle was taken into custody; the removal and storage costs incurred; copies of all certified notice correspondence sent to owners and lienholders; the date notice was sent and received; the date title vested; the final disposition of the vehicle; and any sale proceeds. These records are subject to verification by the Nebraska Department of Motor Vehicles and may be requested by county or state authorities.

Nebraska Storage Fees And Financial Considerations

Storage and Removal Charges

Law enforcement agencies may charge removal and storage fees for abandoned vehicles taken into custody. The person claiming an abandoned vehicle during the waiting period must pay all removal and storage costs incurred before the vehicle is released. These charges become a lien on the vehicle until paid.

Towing and storage fees charged in connection with abandoned vehicles are governed by Nebraska Revised Statutes § 60-2410. Any towing or storage fee constitutes a lien upon the vehicle under Nebraska Revised Statutes Chapter 52, Article 6, and is prior to all other claims except as otherwise provided by law.

Investigatory Custody and Fee Restrictions

A state or local law enforcement agency that takes a motor vehicle into custody for investigatory purposes and has no further need to keep it in custody must send a certified letter to each last-registered owner and lienholder, if any, within 15 calendar days stating that the vehicle is in custody, is no longer needed for law enforcement purposes, and will be disposed of after 30 days, in accordance with Nebraska Revised Statutes § 60-1903.01.

No storage fees shall be assessed against the registered owner of a motor vehicle held in investigatory custody unless the registered owner or the person in possession of the vehicle when it was taken into custody is charged with a felony or misdemeanor related to the offense for which the law enforcement agency took custody. If the owner or person in possession is charged with a felony or misdemeanor but is not convicted, the registered owner is entitled to a refund of storage fees paid.

Sale Proceeds and Disposition

After an abandoned vehicle is sold by a local authority or law enforcement agency, the proceeds of the sale are applied first to removal, storage, and disposition costs. Funds remaining after costs are satisfied are held by the local authority or state agency for the benefit of the vehicle's owner or lienholders for 2 years, as provided by Nebraska Revised Statutes § 60-1905. If not claimed within the 2-year period, the remaining proceeds shall be paid into the general fund of the local authority that had custody, or into the state general fund if a state agency had custody.

Vehicles retained for use by law enforcement agencies become the agency's property and may be used in law enforcement operations or disposed of as the agency determines.

Private Property Towing and Storage-Repair Lien

When a vehicle is towed from private property by private towing companies at the request of a property owner and does not meet the statutory definition of an abandoned vehicle or was not removed by law enforcement, the towing company may pursue a storage-repair lien process under Nebraska Revised Statutes § 60-2410. This process requires compliance with strict notice requirements and timelines, including notification within 15 business days to the vehicle owner and lienholder. The notice must be sent by certified mail and include vehicle information, towing costs, and storage fees accrued as of the date of the notification. After 90 days, the towing company may dispose of the vehicle to satisfy the lien.

The property owner or towing company is not entitled to obtain title or ownership through this process; the vehicle is sold to satisfy the lien, and the lien sale procedures must be followed precisely to provide the new owner with documentation sufficient to apply for a title through the county treasurer. Failure to provide proper notice as prescribed in Nebraska Revised Statutes § 60-2410 renders any disposition of the vehicle void and makes the towing company's lien subordinate to the lienholder's lien.

Contact Information

Nebraska Department of Motor Vehicles
301 Centennial Mall South, Lincoln, NE 68509-4877
Phone: (402) 471-3918
Official Website: Nebraska Department of Motor Vehicles