CHAPTER 508

An Act to amend and reenact § 46-5 of the Code of Virginia, relating to
disposition of abandoned vehicles. CH 2871

Approved April 2, 1952

Be it enacted by the General Assembly of Virginia:

1. That § 46-5 of the Code of Virginia be amended and reenacted as
follows:

§ 46-5. Disposition of abandoned vehicles——Whenever any motor
vehicle, trailer or semitrailer is abandoned or found on the paved or
improved surface of any highway or adjacent thereto, unaccompanied by
the owner or operator thereof, and if such motor vehicle, trailer or semi-
trailer constitutes a hazard in the use of the highways by reason of its
abandonment thereon, or has been abandoned longer than twenty-four
hours outside of the corporate limits of any city or town any sheriff,
police or other peace officer discovering or having a report of same
shall remove it or have it removed to the nearest storage garage for
safekeeping and that fact shall be immediately reported to the Division
or some officer or agent of the Division and to the owner of such
motor vehicle, trailer or semitrailer, as promptly as possible, and such
owner, before obtaining the possession of such motor vehicle, trailer
or semitrailer, shall pay to the parties entitled thereto all reasonable
necessary costs incidental to the removal and/or storage of such motor
vehicle. Should such owner fail or refuse to pay such costs or should the
identity or whereabouts of such owner be unknown and unascertainable
after a diligent search has been made or after notice to such owner at
his address as indicated by the records of the Division and to the holder
of any lien of record in the office of the Division in Richmond, Virginia,
against such motor vehicle, trailer or semitrailer, the Commissioner may,
after thirty days and after having the value of such motor vehicle, trailer
or semitrailer determined by three disinterested dealers or garagemen,
dispose of the same by public or private sale and the proceeds accruing
from such sale shall be forthwith paid by him into the State treasury and
shall be set aside as a special fund in the State treasury to be used to
meet the necessary additional expenses incurred by the Division in the
performance of the duties required by this provision and to reimburse
the owner of such motor vehicle, trailer or semitrailer, as hereafter
provided. |

If after the sale or other disposition of such motor vehicle, trailer
or semitrailer the ownership thereof at the time of its removal is estab-
lished satisfactorily to the Commissioner by the person claiming such
ownership, he shall be paid by the Commissioner so much of the proceeds
from the sale or other disposition of such motor vehicle, trailer or semi-
trailer as remains after paying the costs of removal, storage, investiga-
tion as to ownership, appraisement and sale.