Virginia Code 46.2-1203: Sale of vehicle at public auction by locality; disposition of proceeds
If an abandoned vehicle in the possession of a locality or an authorized agent is not reclaimed as provided for in § 46.2-1202, the locality or its authorized agent shall, notwithstanding the provisions of § 46.2-617, sell it at public auction. For the purposes of this article, “public auction,” when conducted by any county, city, or town, shall include an Internet sale by auction. The purchaser of the vehicle shall take title to the vehicle free of all liens and claims of ownership of others, shall receive a sales receipt from the sale, and shall be entitled to apply to and receive from the Department a certificate of title and registration card for the vehicle upon submission of the sales receipt, the completed Vehicle Removal Certificate, and the receipt produced by the Department pursuant to § 46.2-1202. The sales receipt from the sale shall be sufficient title only for purposes of transferring the vehicle to a demolisher for demolition, wrecking, or dismantling, and in that case no further titling of the vehicle shall be necessary; however, such demolisher shall provide the Department acceptable documentation indicating that the vehicle has been demolished. From the proceeds of the sale of an abandoned vehicle the locality or its authorized agent shall reimburse itself for the expenses of the auction, the cost of towing, preserving, and storing the vehicle which resulted from placing the abandoned vehicle in custody, and all costs, if any, incurred pursuant to § 46.2-1202. Any remainder from the proceeds of a sale shall be held for the owner of the abandoned vehicle or any person having security interests in the vehicle, as their interests may appear, for 60 days, and then be deposited into the treasury of the locality in which the abandoned vehicle was abandoned.
Terms Used In Virginia Code 46.2-1203
- City: means an independent incorporated community which became a city as provided by law before noon on July 1, 1971, or which has within defined boundaries a population of 5,000 or more and which has become a city as provided by law. See Virginia Code 1-208
- Locality: means a county, city, or town as the context may require. See Virginia Code 1-221
- Person: includes any individual, corporation, partnership, association, cooperative, limited liability company, trust, joint venture, government, political subdivision, or any other legal or commercial entity and any successor, representative, agent, agency, or instrumentality thereof. See Virginia Code 1-230
- Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
- Town: means any existing town or an incorporated community within one or more counties which became a town before noon, July 1, 1971, as provided by law or which has within defined boundaries a population of 1,000 or more and which has become a town as provided by law. See Virginia Code 1-254
- Vehicle: means every device in, on or by which any person or property is or may be transported or drawn on a highway, except personal delivery devices and devices moved by human power or used exclusively on stationary rails or tracks. See Virginia Code 46.2-100
1968, c. 421, § 46.1-555.5; 1989, c. 727; 2004, c. 369; 2013, c. 241; 2021, Sp. Sess. I, c. 374.