Mississippi HB 1217: Abandoned Motor Vehicle; revise to include landowners with proper representation for tax commission inquiries.

Bill Text

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To: Judiciary A
MISSISSIPPI LEGISLATURE REGULAR SESSION 2024

By: Representative Sanford

HOUSE BILL NO. 1217

AN ACT TO AMEND SECTION 63-23-1, MISSISSIPPI CODE OF 1972, TO 1
EXPAND THE INTENT OF THE ABANDONED MOTOR VEHICLES LAW TO PRIVATE 2
LANDOWNERS; TO AMEND SECTION 63-23-3, MISSISSIPPI CODE OF 1972, TO 3
INCLUDE VEHICLES LEFT UNATTENDED ON PRIVATE LANDS; TO AMEND 4
SECTIONS 63-23-5 AND 63-23-7, MISSISSIPPI CODE OF 1972, TO 5
AUTHORIZE PRIVATE LANDOWNERS TO SELL ABANDONED MOTOR VEHICLES; TO 6
BRING FORWARD SECTION 63-23-9, MISSISSIPPI CODE OF 1972, WHICH 7
PROVIDES THE PROCEDURE FOR NOTIFICATION OF LIENHOLDERS OF 8
ABANDONED VEHICLES, FOR PURPOSES OF AMENDMENT; TO BRING FORWARD 9
SECTION 63-23-11, MISSISSIPPI CODE OF 1972, WHICH AUTHORIZES THE 10
CLAIM OF AN ABANDONED VEHICLE BEFORE SALE, FOR PURPOSES OF 11
AMENDMENT; AND FOR RELATED PURPOSES. 12
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 13
SECTION 1. Section 63-23-1, Mississippi Code of 1972, is 14
amended as follows: 15
63-23-1. The intent of this chapter is to: (a) provide a 16
means for removing abandoned motor vehicles from the right-of-way 17
and open lands of the state to enhance the beauty of the 18
countryside and the health and welfare of its citizens * * * ; (b) 19
provide a means of relieving automobile dealers, repairmen, and 20
others dealing in motor vehicles from unnecessary storage of 21
deteriorated cars which prevent the use of such floorspace or 22
property for storage for hire or use in their business * * *; and 23

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(c) provide a means for landowners to remove abandoned motor 24
vehicles from their property to preserve and enhance the value of 25
the property, and is therefore in the public interest. 26
SECTION 2. Section 63-23-3, Mississippi Code of 1972, is 27
amended as follows: 28
63-23-3. For the purposes of this chapter, an "abandoned 29
motor vehicle" shall mean a motor vehicle as defined by the 30
Mississippi Motor Vehicle Title Law: 31
(a) Which has been left by the owner, or some person 32
acting for the owner, with an automobile dealer, repairman or 33
wrecker service for repair or for some other reason and has not 34
been called for by such owner or other person within a period of 35
forty (40) days after the time agreed upon or within forty (40) 36
days after such vehicle is turned over to such dealer, repairman 37
or wrecker service when no time is agreed upon. 38
(b) Which is left unattended on a public street, road 39
or highway or other public property for a period of at least five 40
(5) days. 41
(c) Which has been lawfully towed onto the property of 42
another at the written request of a law enforcement officer and 43
left there for a period of not less than forty (40) days without 44
any one having made claim thereto. 45
(d) Which is left unattended on private property for a 46
period of at least sixty (60) days. 47

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SECTION 3. Section 63-23-5, Mississippi Code of 1972, is 48
amended as follows: 49
63-23-5. (1) (a) Any automobile dealer, wrecker service, 50
or repair service owner, * * * any person or party on whose 51
property a motor vehicle is lawfully towed at the written request 52
of a law enforcement officer, or any landowner on whose private 53
property a motor vehicle is left unattended, who shall have an 54
abandoned motor vehicle on his property, may sell, free and clear 55
of all claims such motor vehicle by public auction, or if the 56
abandoned motor vehicle has no market value, may dispose of the 57
same after having received at least two (2) written statements 58
from licensed automobile dealers as to the worthlessness of such 59
motor vehicle and after compliance with subsection (2) of this 60
section and Section 63-23-9. An abandoned motor vehicle as 61
defined by Section 63-23-3(b) shall not be sold at auction until 62
thirty (30) days from date of removal from private property or a 63
public street, road or highway. 64
(b) In addition to the authority provided in paragraph 65
(a) of this subsection, a landowner on whose private property a 66
motor vehicle is left unattended, may sell, free and clear of all 67
claims such motor vehicle by private sale or otherwise dispose of 68
the abandoned vehicle as authorized by law. 69
(2) The person authorized to execute the sale or disposal of 70
an abandoned motor vehicle shall notify, within ten (10) days of 71
receipt of such vehicle, any Mississippi lienholder on such 72

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vehicle that unless a claim on the vehicle is made within thirty 73
(30) days of such notice, the vehicle will be sold or destroyed. 74
(3) After the sale of any vehicle as set out hereinabove is 75
made, the person or officer designated and making the sale of such 76
property sh