Citations Affected: IC 9-13; IC 9-22; noncode.
Synopsis: Abandoned vehicles on private property. Provides that a
person may sell or salvage an abandoned mobile home that has been
abandoned on the person's property for at least 30 days. Requires a
property owner who wishes to sell or salvage a mobile home to request
a title search in the records of the bureau of motor vehicles and notify
the owner and any person having a security interest in the mobile home.
Requires the property owner to advertise that the abandoned mobile
home will be sold at auction. Provides a method for the purchaser of
the mobile home to obtain title. If there is no purchaser at auction, the
property owner may donate or salvage the mobile home. Applies the
procedures for the private removal of abandoned vehicles on rental
property to all private property, except vehicle sale lots, automobile
scrapyards, and property of a member of the armed forces on active
duty. Provides transitional procedures for abandoned vehicles towed
from private property before the effective date of the act.
Effective: Upon passage.
January 11, 2001, read first time and referred to Committee on Judiciary.
February 22, 2001, amended, reported favorably _ Do Pass.
February 26, 2001, read second time, ordered engrossed. Engrossed.
March 1, 2001, read third time, passed. Yeas 48, nays 0.
A BILL FOR AN ACT to amend the Indiana Code concerning
SECTION 1. IC 9-13-2-103.2 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 103.2. "Mobile home", for
purposes of IC 9-22-1.5, has the meaning set forth in IC 6-6-5-1.
SECTION 2. IC 9-22-1-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 1. This chapter does not apply to the following:
(1) A vehicle in operable condition specifically adapted or constructed for operation on privately owned raceways.
(2) A vehicle stored as the property of a member of the armed forces of the United States who is on active duty assignment.
(3) A vehicle located on a vehicle sale lot.
or at a commercial
vehicle servicing facility.
(4) A vehicle located upon property licensed or zoned as an automobile scrapyard.
(5) A vehicle registered and licensed under IC 9-18-12 as an antique vehicle.
private property or poses a threat to the safety or security of persons or
property, or both.
SECTION 5. IC 9-22-1.5 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]:
Chapter 1.5. Abandoned Mobile Homes
Sec. 1. As used in this chapter, "mobile home" has the meaning set forth in IC 6-6-5-1.
Sec. 2. A private property owner who finds a mobile home that the person believes to be abandoned on property the person owns or controls, including rental property, may sell or salvage the mobile home if it has been left without permission on the owner's property for at least thirty (30) days.
Sec. 3. (a) The thirty (30) day period described in section 2 of this chapter begins the day written notice is sent by the property owner to the last known address of the owner of the mobile home as shown by the records in the bureau of motor vehicles or personally delivered to the owner of the mobile home. If the property owner is unable to determine the address of the mobile home owner, the property owner may serve the mobile home owner by posting the notice on the mobile home. If the notice is mailed, the property owner shall send notice by certified mail, return receipt requested. Notice, by mail or personally delivered, must include a description of the mobile home and a conspicuous statement that the mobile home is on the owner's property without the owner's permission. If the owner of a mobile home changes the owner's address from that maintained in the records of the bureau, the owner shall immediately notify the property owner of the new address.
(b) If, before the thirty (30) day period described in section 2 of this chapter expires, the mobile home owner requests by certified mail, return receipt requested, additional time to remove the mobile home, the period described in section 2 of this chapter shall be extended by an additional thirty (30) days. The mobile home owner may only request one (1) thirty (30) day extension of time.
Sec. 4. The property owner shall:
(1) request that a search be performed in the records of the bureau for the name and address of the owner of the mobile home and the name and address of any person holding a lien or security interest on the mobile home;
(2) after receiving the results of the search required by subdivision (1), give notice by certified mail, return receipt
requested, or in person, to the last known address of the
owner of the mobile home, to any lien holder with a perfected
security interest in the mobile home and to all other persons
known to claim an interest in the mobile home. The notice
must include a description of the mobile home, a demand that
the mobile home be removed within a specified time not less
than ten (10) days after receipt of the notice, and a
conspicuous statement that unless the mobile home is removed
within that time, the mobile home will be advertised for sale
and offered for sale by auction at a specified time and place;
(3) advertise that the mobile home will be offered for sale at public auction in conformity with IC 26-1-7-210 and IC 26-1-2-328. The advertisement of sale must be published once a week for two (2) consecutive weeks in a newspaper of general circulation in the county where the mobile home has been left without permission. The advertisement must include a description of the mobile home, the name of the owner of the mobile home, if ascertainable, and the time and place of the sale. The sale must take place at least fifteen (15) days after the first publication. If there is no newspaper of general circulation where the sale is to be held, the advertisement must be posted at least ten (10) days before the sale in not less than six (6) conspicuous places in the neighborhood of the proposed sale;
(4) conduct an auction, not less than thirty (30) days after the return receipt is received by the property owner, on the property where the mobile home was left without permission;
(5) provide a reasonable time before the sale for prospective purchasers to examine the mobile home;
(6) sell the mobile home to the highest bidder, if any; and
(7) immediately after the auction, execute an affidavit of sale or disposal in triplicate on a form prescribed by the bureau stating:
(A) that the requirements of this section have been met;
(B) the length of time that the mobile home was left on the property without permission;
(C) any expenses incurred by the property owner, including the expenses of the sale;
(D) the name and address of the purchaser of the mobile home at the auction, if any; and
(E) the amount of the winning bid, if any.
If the auction produces no purchaser, the property owner
shall note that fact on the affidavit. The property owner shall
list the property owner, or any donee, as the purchaser on the
affidavit of sale or disposal.
Sec. 5. (a) Upon payment of the bid price by the purchaser, the property owner shall provide the purchaser with the affidavit of sale or disposal described in this chapter.
(b) If the auction produces no purchaser, the mobile home becomes the property of the property owner, and the property owner shall note that fact on the affidavit of sale or disposal.
(c) If the property owner wishes to donate the mobile home to any willing donee, a property owner who has obtained ownership of a mobile home under this section may transfer ownership to a willing donee by listing the donee as the purchaser on the affidavit of sale or disposal.
(d) If the auction produces no purchaser and the property owner does not intend to sell or transfer the mobile home to another person, the property owner may, without further administrative application, dismantle the unit for salvage or disposal.
(e) A property owner or willing donee who obtains ownership of a mobile home under this section has the same right of ownership as a purchaser who was the highest bidder at auction.
Sec. 6. The affidavit of sale or disposal under this chapter constitutes proof of ownership and right to have the mobile home titled in the purchaser's, property owner's, or donee's name under IC 9-17-6-12.
Sec. 7. After the purchaser, property owner, or donee:
(1) presents the bureau with the affidavit of sale;
(2) completes an application for title; and
(3) pays any applicable fee;
the bureau shall issue to the purchaser or property owner a certificate of title to the mobile home.
SECTION 6. [EFFECTIVE UPON PASSAGE] (a) The definitions applicable to IC 9-22-1 apply to this SECTION.
(b) This SECTION applies to an abandoned vehicle that:
(1) was towed by a towing service from private property before the effective date of this SECTION;
(2) is in possession of a towing service company on the effective date of this SECTION;
(3) could have been removed from private property under IC 9-22-1-15 and IC 9-22-1-16, both as amended by this act, if this act were in effect at the time that the towing service
removed the abandoned vehicle from the private property;
(4) the towing service has not received payment for the towing charges accruing from removal of the vehicle from private property.
(c) The towing service may post the notice tag required by IC 9-22-1-15, as amended by this act, on a picture of the abandoned vehicle and place the notice tag and picture in a prominent place on the private property from which the abandoned vehicle was towed for the time required by IC 9-22-1-15, as amended by this act. The name and address on the notice tag may be the name and address of the owner of the private property or the name and address of the towing service. The notice tag must state the address where the vehicle is located. Compliance with this subsection shall be treated as compliance with IC 9-22-1-15, as amended by this act.
(d) A towing service may recover costs incidental to the removal and storage of an abandoned vehicle that accrued before the effective date of this SECTION to the same extent as if the costs were accrued after the effective date of this SECTION.
SECTION 7. An emergency is declared for this act.