32-3-76. Reclamation of vehicle by owner or lienholder--Notice of intent to reclaim--Vesting of title to abandoned vehicle in auction agency--Sale of vehicle--Distribution of proceeds.
An owner or lienholder may reclaim a motor vehicle for which notice has been provided as required under §32-3-75. The owner or lienholder shall provide notice to the auction agency of any intent to reclaim the motor vehicle from the auction agency by certified mail, or any similar service that provides proof of delivery, within thirty days of the owner's or lienholder's receipt of notice under §32-3-75. Notwithstanding any other law, and only if the auction agency has complied with the provisions of this chapter, title to the motor vehicle irrevocably vests in the auction agency in possession of the abandoned motor vehicle if:
(1)The auction agency has not received notice of intent to reclaim the motor vehicle from the owner or any lienholder within forty-five days from their receipt of notice provided under §32-3-75; or
(2)The owner or lienholder provides notice of an intent to reclaim the motor vehicle under this section but fails to:
(a)Pay to the auction agency the reasonable charges incurred by the auction agency; and
(b)Claim and remove the motor vehicle within forty-five days after the auction agency's receipt of the notice of intent to reclaim the motor vehicle.
Upon an auction agency's receipt of title, the motor vehicle shall be sold by the auction agency, and any excess proceeds received from the sale, beyond settlement of the reasonable charges incurred by the auction agency, shall be paid jointly to the owner and any prior lienholder, and mailed to the first lienholder, if any, or otherwise to the prior owner. If the auction agency cannot identify or contact the owner or any lienholder, any excess proceeds received from the sale shall be sent to the state treasurer and treated as unclaimed property pursuant to chapter 43-41B. After any salvage title or certificate of title is issued under the provisions of this section or §32-3-75, an owner's or lienholder's exclusive right against the auction agency shall be to any excess proceeds from the auction agency's sale of the vehicle under this section. For purposes of this section and §32-3-75, reasonable charges incurred by the auction agency include any cost incurred by the auction agency for towing and storage of the motor vehicle, providing notice by mail or publication to the owner or any lienholder, and conducting the auction pursuant to this section.
Source: SL 2018, ch 176, §3.
Structure South Dakota Codified Laws
Chapter 03 - Title Registration Liens And Transfers
Section 32-3-1 - Definition of terms.
Section 32-3-2 - Applicability.
Section 32-3-2.3 - Mopeds exempt.
Section 32-3-2.4 - Farm vehicles exempt--Exceptions.
Section 32-3-4 - Eligibility for license--Mobile and manufactured homes exempt.
Section 32-3-6 - Ownership passing by operation of law--Burden of proof.
Section 32-3-12 - Operation or possession of vehicle without certificate as misdemeanor.
Section 32-3-13 - Sale or transfer without certificate as misdemeanor.
Section 32-3-14 - False statement in application--Felony.
Section 32-3-16 - Uniform method of numbering certificates--Retention of documents by department.
Section 32-3-17 - Validity of certificates previously issued--Issuance of new certificate.
Section 32-3-18 - Application for certificate--Contents--Fee--Assignment of previous certificate.
Section 32-3-18.1 - Administration fee--Title applications processed by mail.
Section 32-3-19 - False swearing in connection with certificates--Perjury--Punishment.
Section 32-3-22.1 - Fee for assignment of vehicle identification number.
Section 32-3-23 - Application for original certificate--Contents--Supporting documents.
Section 32-3-24 - Burden of proving ownership--Issuance of certificate.
Section 32-3-26 - Time for filing application for certificate--Vehicles in dealer's stock.
Section 32-3-28 - Issuance of certificate in paper or electronic form--Notation of liens.
Section 32-3-29 - Lost certificates--Fee for duplicate.
Section 32-3-30 - Certificate to show chain of title--Exceptions.
Section 32-3-30.1 - Odometer information on certificate--Required on sale--Falsification as felony.
Section 32-3-30.2 - Abstract of title history or damage disclosure statements--Fee.
Section 32-3-32 - Dealer's acceptance of out-of-state certificates.
Section 32-3-34 - Assistance by county treasurer.
Section 32-3-36 - All lien spaces filled--Issuance of new certificate.
Section 32-3-38.3 - Dealer required to utilize electronic title file system.
Section 32-3-39 - Deposit of security interest instrument not required.
Section 32-3-40 - Security interests created prior to enactment of statute.
Section 32-3-45 - Fees for notation.
Section 32-3-46 - Enforcement of liens--Filing for record not necessary--Notice of sale.
Section 32-3-51.6 - Rebuilt title.
Section 32-3-51.11 - Retention of damage disclosure statement by department--Part of title history.
Section 32-3-51.13 - Rebuilt or salvage vehicle--Application for junking certificate--Inspection.
Section 32-3-51.17 - Junking certificate for nonrebuildable vehicle.
Section 32-3-51.19 - Salvage vehicle defined--Application.
Section 32-3-51.22 - Recovered stolen vehicles--Inspection--Title--Salvage vehicle.
Section 32-3-52 - Surrender of indicia of ownership by dealers, salvage yards, and others.
Section 32-3-53.2 - Inspection of restored or rebuilt vehicles.
Section 32-3-53.4 - Trailer defined.
Section 32-3-56 - Special seal--Forms furnished by secretary.
Section 32-3-62 - List of vehicles sold at auction--Copy of title--Violation as misdemeanor.
Section 32-3-64 - Titling vehicles eleven years old or more with no existing record.
Section 32-3-66 - Certain motor home transport uses not deemed private business uses.
Section 32-3-69.1 - Electronic title system for motor vehicles.
Section 32-3-71 - Low-speed vehicles.
Section 32-3-75 - Title issued to auction agency--Notice of right to reclaim.
Section 32-3-77 - Issuance of title to insurer unable to obtain title after payment of total loss.