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KRS 189.753

Abandonment of motor vehicle on state highway -- Presumption -- Notification -- Removal

Applied in 1 court decision — leading case Watkins v. Commonwealth (2010)

Most recently applied in Watkins v. Commonwealth (March 2010)

Effective: June 26, 2007 History: Amended 2007 Ky

(1) Any motor vehicle left upon the right-of-way of a state highway for three (3) consecutive days shall be presumed an abandoned vehicle.

(2) The Department of Kentucky State Police shall locate abandoned vehicles on the right-of-way of state highways. Upon determination that a vehicle is abandoned, and notwithstanding the provisions of KRS 189.450, the Department of Kentucky State Police may order any person engaged in the business of storing or towing motor vehicles to remove the abandoned vehicle to a site chosen by the person. The department shall determine, if possible, the ownership of the vehicle through the abandoned vehicle's license plates, serial number, or other methods of determining ownership. As soon as practicable, the owner shall be notified by mail, whether he or she is a Kentucky resident or a resident of another state, that the abandoned vehicle was illegally upon public property; the name and the address where the storage facility is located; that removal of the vehicle from the storage facility will involve payment of towing and storage charges; and that the vehicle may be sold pursuant to provisions of KRS 376.275 if not claimed within sixty (60) days. A notification shall not be required if ownership cannot be determined. In the event of such sale, the state shall receive any proceeds after the satisfaction of all liens placed on the vehicle.

(3) The commissioner of the Department of Kentucky State Police shall promulgate administrative regulations pursuant to KRS Chapter 13A to carry out the provisions of this section.

Official source: Kentucky General Assembly. Reproduced from public-domain Kentucky statutes; confirm against the official source for the current text. Not legal advice.