How To Claim an Abandoned Vehicle in Iowa

Claiming an abandoned vehicle in Iowa is a legal process governed by Iowa Code Chapter 321, administered by the Iowa Department of Transportation and enforced through local law enforcement and county treasurers. The statutory framework establishes distinct procedures depending on whether the vehicle is abandoned on public property, held by a police authority, or in the custody of a private entity such as a towing company or repair facility.

What Qualifies as an Abandoned Vehicle in Iowa

Iowa defines an abandoned vehicle according to the following categories:

• A vehicle left unattended on public property for more than 24 hours and lacking current registration plates or two or more wheels or other parts that render the vehicle totally inoperable.
• A vehicle that has remained illegally parked on public property for more than 24 hours.
• A vehicle unlawfully parked on private property or placed on private property without the consent of the property owner or person in control of the property for more than 24 hours.
• A vehicle legally impounded by order of a police authority that has not been reclaimed within 10 days. A police authority may declare the vehicle abandoned within the 10-day period by commencing the notification process.
• Any vehicle parked on a highway that a police authority determines creates a hazard to other vehicle traffic.
• A vehicle impounded under Iowa Code Section 321J.4B (Operating While Intoxicated) by court order when the owner has not paid impoundment fees after notification by the responsible person or agency.

Process To Claim an Abandoned Vehicle in Iowa

Understanding the Abandoned Vehicle Process

Iowa permits two primary disposal pathways: sale at public auction or transfer to a demolisher for junking. A police authority has the mandatory authority to take abandoned vehicles into custody on public property and the discretionary authority to do so on private property. A private entity (such as a towing company, parking facility, or repair establishment) may take into custody an abandoned vehicle on private property when hired by the property owner. In all cases, the owner and all lienholders must receive notice by certified mail. Possession of an abandoned vehicle does not confer ownership; only completion of the statutory notice and disposal process, followed by a successful public auction or demolisher transfer, results in transfer of title.

Notification to Owner and Lienholders

Within 20 days of taking an abandoned vehicle into custody, the police authority or private entity shall send notice by certified mail to the last known address of the registered owner, all lienholders of record, and any other known claimant to the vehicle. The notice must include the year, make, model, and vehicle identification number; the location of the facility where the vehicle is being held; information regarding the right to reclaim the vehicle within 10 days after the effective date of notice upon payment of all towing, preservation, storage, and notice costs; a statement that failure to reclaim within the 10-day period constitutes a waiver of all right, title, claim, and interest in the vehicle; a statement that failure to reclaim is deemed consent for the police authority or private entity to sell the vehicle at public auction or dispose of it to a demolisher; and, if applicable to a private entity without police authority involvement, a statement that the private entity may claim a garagekeeper's lien and proceed to sell or dispose of the vehicle.

If the police authority or private entity took custody of the vehicle, the notice must also include a statement that any person claiming possession of the vehicle who disputes the planned disposition or assessment of fees may request an evidentiary hearing before the police authority to contest those matters.

If the identities and addresses of the registered owner and lienholders cannot be determined with reasonable certainty, notice shall be made by one publication in one newspaper of general circulation in the area where the vehicle was abandoned. The published notice must be made within the same timeframe as the mailed notice and contain the same information.

Allow the Statutory Reclamation Period

The owner, lienholder, or claimant has 10 days after the effective date of the notice to reclaim the vehicle by presenting a valid driver's license and proof of financial liability coverage (insurance or bond), and by paying all towing, preservation, storage, and notice costs. Failure to reclaim within the 10-day period constitutes a waiver of all right, title, claim, and interest in the vehicle, and a court shall not recognize any such right after expiration of the 10-day period.

Determine Vehicle Disposition

After the 10-day reclamation period expires, the police authority or private entity shall determine whether the vehicle will be sold for use on the highways or sold for junk. Vehicles in poor mechanical condition or destined for recycling shall be transferred to a demolisher; vehicles in operable condition may be offered at public auction for highway use.

Conduct Public Auction for Highway Use

For vehicles to be sold for use upon the highways, a public auction must be held. The seller shall advertise the public auction at least 7 days in advance within the county where the auction will take place or where the vehicle is physically located. At a minimum, an advertisement must be published in a newspaper of general circulation in the area. The auction must be open and fair, allowing any member of the public to bid on the vehicle. The purchaser shall receive a sales receipt from the police authority or private entity.

Provide Bill of Sale and Required Documents

Upon sale at public auction, the police authority shall provide the purchaser with Form 411163 (Certificate of Disposal of an Abandoned Vehicle), Option B (Abandoned Vehicle Sales Receipt), or the private entity shall provide Form 411185 (Certificate of Disposal of an Abandoned Vehicle by Private Entity), Option A (Abandoned Vehicle Sales Receipt). For vehicles of model year 2011 or newer, an Odometer Disclosure Statement (Form 411077) is required, marked to indicate odometer reading at time of sale and certifying that mileage is not actual.

Transfer to Demolisher for Junk

Alternatively, if the vehicle is not sold for highway use after public auction, or if a second public auction fails to produce a satisfactory sale, the vehicle shall be disposed of to a licensed demolisher for junk. The seller shall provide the demolisher with Form 411163, Option C (Authority to Transfer and/or Demolish a Vehicle), or Form 411185, Option B (Authority to Transfer and/or Demolish a Vehicle). A demolisher may dispose of vehicles that lack an engine, two or more wheels, or other structural parts, rendering the vehicle totally inoperable, without public auction.

Apply for Certificate of Title or Junking Certificate

For vehicles sold at public auction for highway use, the purchaser must apply for an Iowa certificate of title and registration with the county treasurer within 30 days of purchase. The purchaser shall complete an Application for Certificate of Title and/or Registration (Form 411007), provide the sales receipt from the police authority or private entity, pay the title fee ($35.00) and applicable registration fees, and provide proof of financial liability coverage if required. The title fee covers only new ownership transfers and is assessed once; if the purchaser fails to apply within 30 days, late registration penalties apply.

For vehicles transferred to a demolisher, the demolisher shall apply for a junking certificate with the county treasurer within 30 days of receipt of the certificate of authority or bill of sale, surrendering the certificate of authority or Form 411163 Option C or Form 411185 Option B in lieu of the certificate of title.

Maintain Records

All records related to the disposal of an abandoned vehicle must be retained for 3 years from the date of sale or transfer. Records shall include the abandoned vehicle report, photographs (if applicable), notification documents, the sales receipt, odometer disclosure (if required), and documentation of all costs and proceeds.

Iowa Storage Fees And Financial Considerations

Storage and Towing Charge Rules

The owner of an abandoned vehicle is liable for all costs incidental to removal, towing, preservation, and storage of the vehicle. Persons reclaiming the vehicle must pay all such charges before taking possession. Iowa law does not establish a cap on total storage charges or establish state-regulated maximum rates. However, a private entity that takes custody of an abandoned vehicle must display the daily storage and impound fees that will be charged at its place of business and, if maintained, on its website. If a private entity ceases towing after attaching equipment and releases the vehicle, the entity must accept payment by credit card in addition to other payment forms.

Expense Application and Surplus Proceeds

From proceeds of a public auction sale, the police authority or private entity shall reimburse itself for auction expenses, towing, preservation and storage costs, all notice and publication costs, and inspection costs. Any remaining sale proceeds shall be held for the vehicle owner or the entitled lienholder for 90 days. If unclaimed after 90 days, the remainder shall be deposited in the road use tax fund. If sale proceeds are insufficient to cover all costs, the police authority may file a claim with the Iowa Department of Transportation for reimbursement from the road use tax fund; the vehicle owner is ultimately liable for these costs.

Dispute Resolution

For vehicles processed by a police authority or by a private entity hired by a police authority, any person claiming rightful possession who disputes the planned disposition or the assessment of fees may request an evidentiary hearing before the police authority. A lienholder of record who received notice may request information regarding the vehicle's condition; a private entity may charge the lienholder an inspection fee not exceeding $100. If such a request is made and the fee is paid, the entity shall allow the lienholder's representative to inspect the vehicle or provide photographs depicting the vehicle's condition.

Garagekeeper's Lien Application

If an abandoned motor vehicle was left in a garage operated for commercial purposes (including repair, storage, or maintenance facilities) after the period for which the vehicle was to remain on the premises, the garagekeeper shall send notice by certified mail to the registered owner's last known address requiring the owner to reclaim the vehicle within 10 days or provide written notice that the vehicle is not abandoned. If the owner does not reclaim the vehicle or provide such notice, the vehicle is deemed abandoned on the 11th day. The garagekeeper may request that a police authority take the vehicle into custody and sell it in accordance with the public auction procedures in Iowa Code Section 321.89, Subsection 5. Sale proceeds shall first be applied to the garagekeeper's charges for towing and storage, with any surplus distributed in accordance with the statutory scheme.

Contact Information

Iowa Department of Transportation
800 Lincoln Way, Ames, IA 50010
Phone: (515) 239-1101
Official Website: Iowa Department of Transportation