How To Claim an Abandoned Vehicle in Kansas

Claiming an abandoned vehicle in Kansas is a legal process governed by Kansas Code Chapter 8, Article 11, administered by the Kansas Department of Revenue Division of Vehicles, with enforcement authority vested in law enforcement agencies and public agencies. The statutory framework establishes distinct procedures depending on whether a vehicle is abandoned on public property, is possessed by a towing or wrecker service under a possessory lien, or is left on private property without permission.

What Qualifies as an Abandoned Vehicle in Kansas

Kansas defines an abandoned vehicle as any motor vehicle meeting one or more of the following criteria:

• A motor vehicle that has been left unattended on a public highway or other property open to use by the public in a manner that interferes with public highway operations or remains for more than 48 hours.
• A motor vehicle left unlawfully on public property for more than 48 hours.
• A motor vehicle that has been legally impounded by a public agency and remains unclaimed for 30 days or more.
• A motor vehicle left on private property without the consent or permission of the property owner or person in control of the property.

A person who abandons and leaves a vehicle on real property not owned or leased by that person or the vehicle owner or lessee commits criminal trespass and may be subject to enforcement action.

Process To Claim an Abandoned Vehicle in Kansas

Understanding the Abandoned Vehicle Process

Kansas law establishes two primary claim pathways for abandoned vehicles: sale by a public agency following impoundment on public property and sale or disposal by a wrecker or towing service holding the vehicle under a possessory lien. In both cases, the owner, registered lienholder, and any known claimant must receive proper notice by certified mail and publication. A public agency may remove an abandoned vehicle from a public highway after 48 hours or when the vehicle interferes with highway operations. A wrecker or towing service may take possession of an abandoned vehicle on private property at the request of the property owner or upon law enforcement authorization. Possession and sale at public auction result in transfer of title to the purchaser, free and clear of all liens and previous claims of ownership.

Request Verification of Ownership and Lienholders

For a public agency disposing of an abandoned vehicle, or for a wrecker or towing service holding a vehicle under a possessory lien, verification of the last registered owner and any lienholders must be requested from the Kansas Division of Vehicles within 30 days of taking possession of the vehicle. If the vehicle is not registered in Kansas, the Division of Vehicles shall provide a certified "No Record" letter. If Kansas records indicate the vehicle is titled in another state, an interstate search is recommended to locate the current title holder and lienholders.

Send Notice by Certified Mail

Within 15 days after receipt of verification from the Division of Vehicles, notice must be mailed by certified mail to the registered owner and any lienholder of record. For vehicles registered in Kansas, notice must be sent to the address shown on the certificate of registration in the county where the title lists the owner's residence. The notice must state that if the owner or lienholder does not claim the vehicle and pay all removal, storage, and related charges within 15 days of the mailing date, the vehicle will be sold at public auction to the highest bidder for cash. For vehicles without Kansas registration, notice shall be mailed within 10 days of receipt of verification.

Publish Auction Notice

A public agency shall publish notice of the public auction after 15 days from the date of mailing notice, publishing the notice once a week for two consecutive weeks in a newspaper of general circulation in the county where the vehicle was abandoned. The notice must describe the motor vehicle by make, model, color, and serial number (VIN); state that it has been impounded as an abandoned vehicle; indicate that the vehicle will be sold at public auction to the highest bidder if not reclaimed within 10 days of the second publication; and specify the date, time, and location of the sale. If no newspaper is published in the county, notice shall be published in a newspaper of general circulation in a nearby county. For vehicles held by a wrecker or towing service under a possessory lien, publication requirements are set forth in Kansas Code § 8-1103 and 8-1104.

Conduct Public Auction

The public auction shall be held for cash to the highest bidder. All sales under Kansas law must be conducted at public auction unless the vehicle qualifies for direct demolisher transfer. The auction must be advertised at the location, on the date, and at the time specified in the published notice. The vehicle is sold free and clear of all liens and claims of ownership.

Obtain Verification Documents

Before a purchaser can obtain a certificate of title, the seller must provide a Certificate of Compliance (Form TR-105 for public agencies or Form TR-85 for wrecker/towing services) at the time of the sale and vehicle transfer. The form certifies that all statutory requirements have been met and that the seller has complied with verification, notice, and publication procedures.

Provide Sales Receipt and Supporting Documents

The purchaser shall receive a sales receipt from the public agency or wrecker/towing service. For vehicles held by a wrecker or towing service, the seller shall provide proof of an inspection meeting Kansas VIN inspection requirements, particularly for out-of-state titled vehicles.

Apply for Certificate of Title

The purchaser must file proof of the sale with the Kansas Division of Vehicles, along with the Certificate of Compliance, sales receipt, and any required inspection documents. The Division of Vehicles shall then issue a certificate of title to the purchaser. For vehicles sold through a wrecker or towing service under possessory lien (using Form TR-85), the purchaser must apply to the county treasurer's office in the county where the vehicle will be titled within 60 days of the certificate of compliance date, paying a $20.00 certification fee in addition to standard title and registration fees.

Special Procedures for Salvage Vehicles

If the vehicle meets the definition of a salvage vehicle under Kansas Code 8-197(b)(2), a Salvage, Nonhighway or Nonrepairable Vehicle Affidavit (Form TR-13) must be completed and attached to the Certificate of Compliance before title application. A salvage vehicle is defined as any motor vehicle that cannot be registered because it has been wrecked or damaged such that required equipment is missing or defective, or the vehicle is inoperable, creating a hazard; or any late model vehicle damaged such that repair costs exceed 75% of fair market value.

Private Property Abandoned Vehicles and Quiet Title Actions

For vehicles abandoned on private property where the property owner wishes to take ownership but cannot locate or identify the owner or lienholder, Kansas does not provide a statutory process for abandoned vehicles. Instead, the property owner must file a quiet title action with the district court in the county where the vehicle is located. Upon receipt of a final court order, the property owner shall bring the vehicle and the court order to the nearest Kansas Highway Patrol VIN inspection station for inspection, then apply for title through the county treasurer's office.

Maintain Records

All sellers, whether public agencies or wrecker/towing services, shall retain all documentation related to the abandoned vehicle disposal, including verification letters from the Division of Vehicles, certified mail receipts, publication proofs, sales records, and the Certificate of Compliance, for a minimum of 3 years.

Kansas Storage Fees And Financial Considerations

Storage Charges and Liens

A person providing wrecker or towing service shall have a first and prior possessory lien on any vehicle for the full amount of recovery, transportation, protection, storage, and safekeeping charges when lawfully in possession of the vehicle. If the owner is known, written notice must be given within 15 days that the vehicle is being held subject to satisfaction of the lien. Failure to provide such notice invalidates the lien for storage fees. Any vehicle remaining in possession of a towing or wrecker service for 30 days after service was provided may be sold to pay reasonable or agreed charges for recovery, transportation, protection, storage, safekeeping, and the costs of sale and notice.

At the time of providing service, any wrecker or towing service shall provide written notice to the driver, if available, that a storage fee will be charged. Failure to provide this written notice invalidates the storage fee portion of the lien.

Towing Service Requirements for Private Property Tows

When a city ordinance or county resolution authorizes towing from private property, the ordinance or resolution must specify the maximum rate the wrecker or towing service may charge, require that vehicle owners have access to personal property within the vehicle for 48 hours after towing with release of such property to the owner, and require the wrecker or towing service to report the vehicle location to local law enforcement within 2 hours of towing.

Application of Sale Proceeds

From proceeds of the sale of an abandoned vehicle by a public agency, all money derived after payment of impoundment expenses, removal, storage, publication, notice, and sale costs shall be paid into the fund of the public agency used for construction or maintenance of highways. For vehicles sold by a wrecker or towing service under a possessory lien, sale proceeds are first applied to the towing and storage charges accumulated on the vehicle, costs of sale, and costs of notice and publication. Any remaining amount is subject to distribution in accordance with statutory lien priority.

Dispute Resolution

Under Kansas law, failure to provide any required notice as specified by statute shall stop the imposition of storage fees until proper notice provisions are complied with.

Contact Information

Kansas Department of Revenue, Division of Vehicles
Titles and Registration Bureau
P.O. Box 2505, Topeka, KS 66601-2505
Phone: (785) 296-3621
Official Website: Kansas Department of Revenue Division of Vehicles