Kansas Abandoned Vehicle Removal Process Explained

Dealing with an abandoned vehicle on your property or a public road in Kansas can be frustrating. The Kansas abandoned vehicle removal process on public and private property follows specific legal steps to ensure you don’t run into liability or legal trouble.

Per Kansas Statute Annotated (K.S.A.) 8-1101 to 8-1106, the process differs depending on whether the vehicle is on public or private land, with strict notice periods and paperwork requirements. Here’s how to handle it the right way.

Unclaimed vehicles are towed and may be auctioned after 30 days. Always follow K.S.A. 8-1101 to 8-1106 to avoid legal issues.

Is the Vehicle on Public or Private Property in Kansas?

The first step is determining where the vehicle sits. If it’s on public property (roads, parking lots, government land), you’ll need to involve local law enforcement or the Kansas Highway Patrol. If it’s on private property (your driveway, business lot, or land), you as the property owner can initiate removal, but only after following the legal process.

Public property cases usually move faster because law enforcement handles the notice and removal. Private property cases require you to document the abandonment and notify the owner yourself.

Kansas Abandoned Vehicle Laws You Need to Know

Kansas defines an abandoned vehicle as one left unattended for 48 hours or more on private property or 10 days or more on public property without the owner’s permission. The vehicle must also be inoperable, unregistered, or missing license plates to qualify.

Key laws include:

• K.S.A. 8-1101: Defines abandoned vehicles and the removal process.
• K.S.A. 8-1102: Outlines notice requirements for property owners.
• K.S.A. 8-1104: Covers towing, storage, and lien rights for towing companies.
• K.S.A. 8-1106: Details the auction process for unclaimed vehicles.

Violating these laws can result in fines or civil liability. For example, towing a vehicle without proper notice can lead to a lawsuit from the owner. Always check with your local county sheriff’s office for additional ordinances.

Step-by-Step Removal Process for Public Property

If the vehicle is on public property, follow these steps:

Step-by-Step Removal Process for Private Property

For vehicles on private property, the process is more hands-on:

How to Find the Vehicle Owner in Kansas

Start with the license plate. Run it through the Kansas Department of Revenue’s vehicle registration portal to pull owner details if you’re the property owner or law enforcement. If the plate is missing or expired, check the VIN through the windshield or driver’s side door jamb.

If the owner can’t be identified, post a notice on the vehicle and in a local newspaper. Some counties require a certified mail attempt before proceeding.

Required Forms and Where to Get Them

The key form is TR-212, the Abandoned Vehicle Affidavit. Download it from the Kansas Department of Revenue’s forms page.

Submit TR-212 within 5 days of towing. Include the vehicle description, location, and proof of notice. Without this, the towing company can’t establish a lien, and you may be liable for storage fees.

Towing and Storage: What Happens Next?

Once towed, the vehicle enters a 30-day storage period. The owner can reclaim it by paying towing and daily storage fees, which typically range from $20 to $50 per day in Kansas. If unclaimed, the towing company can file for a lien and eventually auction the vehicle.

Towing companies must be licensed by the state. Using an unlicensed service can invalidate the removal and expose you to legal risks. Always verify their credentials with the Kansas Highway Patrol.

Auctioning an Unclaimed Abandoned Vehicle in Kansas

After 30 days of unclaimed storage, the towing company can request a title from the Kansas Department of Revenue. Once issued, they can sell the vehicle at public auction. Proceeds first cover towing and storage fees, with any remainder going to the owner if they surface later.

Auctions are usually advertised in local newspapers or online. The towing company must follow Kansas auction laws, including providing a 10-day notice before sale.

Costs and Fees You Should Expect

Towing fees in Kansas average $100 to $300, depending on the vehicle size and location. Daily storage fees add up quickly, often $20 to $50 per day. If the vehicle is auctioned, these costs are deducted from the sale price.

Property owners aren’t responsible for these fees unless they arranged the tow. However, if the vehicle is on your land, you may need to cover upfront costs before reclaiming any excess from the auction.

Common Mistakes That Delay or Block Removal

Skipping the notice period is the top error. On private property, you must wait 48 hours after posting notice before towing. On public property, law enforcement must wait 10 days.

Towing too soon can lead to a lawsuit from the owner.

Another mistake is using an unlicensed towing company. Kansas requires tow operators to be licensed, and using an unlicensed service can invalidate the entire removal process.

What Happens If You Skip the Legal Process?

If you tow a vehicle without following Kansas law, the owner can sue you for wrongful towing. You may also be responsible for any damages to the vehicle during removal. Courts often side with the owner if proper notice wasn’t given.

In some cases, you could face criminal charges for theft or trespassing if the vehicle wasn’t truly abandoned.

When to Call Law Enforcement vs. a Towing Company

Call law enforcement if the vehicle is on public property or if you’re unsure about its status. They can verify abandonment and handle the notice process for you.

For private property, you can call a towing company directly, but only after posting the required 48-hour notice. If the vehicle has been there less than 48 hours, you must wait.

FAQs About Kansas Abandoned Vehicle Removal