13100956D
HOUSE BILL NO. 1395
Offered January 9, 2013
Prefiled December 17, 2012
A BILL to amend and reenact §§46.2-1201 and 46.2-1203 of the
Code of Virginia, relating to sale of abandoned vehicles taken into custody by
localities.
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Patron-- Marshall, D.W.
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Committee Referral Pending
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Be it enacted by the General Assembly of Virginia:
1. That §§46.2-1201 and 46.2-1203 of the Code of Virginia
are amended and reenacted as follows:
§46.2-1201. Ordinances.
The governing body of any county, city, or town may provide by
ordinance for taking abandoned vehicles into custody and disposing of them in
accordance with this article.
Any county, city, or town may take any abandoned motor vehicle
into custody. The locality may employ its own personnel, equipment, and
facilities or hire persons, equipment, and facilities, or firms or corporations
that may be independent contractors for removing, preserving, storing, and
selling at public auction, by any
commercially reasonable means, abandoned motor vehicles.
§46.2-1203. Sale of abandoned motor vehicle; disposition of
proceeds.
If an abandoned motor vehicle is not reclaimed as provided for
in §46.2-1202, the locality or its authorized agent shall, notwithstanding the
provisions of §46.2-617, sell it at public
auction by any commercially
reasonable means. The purchaser of the motor vehicle shall
take title to the motor vehicle free of all liens and claims of ownership of
others, shall receive a sales receipt at the auction, and shall be entitled to apply to and receive from the
Department a certificate of title and registration card for the vehicle. The
sales receipt from the sale shall be sufficient title only for purposes of
transferring the vehicle to a demolisher for demolition, wrecking, or
dismantling, and in that case no further titling of the vehicle shall be
necessary; however, such demolisher shall provide the Department acceptable
documentation indicating that the vehicle has been demolished. From the
proceeds of the sale of an abandoned motor vehicle the locality or its
authorized agent shall reimburse itself for the expenses of the auction sale of
the vehicle, the cost of towing, preserving, and storing
the vehicle which that
resulted from placing the abandoned motor vehicle in custody, and all notice and
publication costs incurred pursuant to §46.2-1202. Any remainder from the
proceeds of a sale shall be held for the owner of the abandoned motor vehicle
or any person having security interests in the vehicle, as their interests may
appear, for 90 days, and then be deposited into the treasury of the locality in
which the abandoned motor vehicle was abandoned.
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