Delaware Statewide Rule

Delaware Abandoned Vehicle Removal Statute Title 21

Some RestrictionsApplies statewide across Delaware (2026)

Key Facts

Statute: 21 Del.C. Ch. 44
Initial Notice: Minimum 12 hours
Owner Mail Notice: 7 days to remove
Reclaim Period: 30 days post-removal
Applies: Public and private property

Last verified: August 20, 2026Source: Delaware Code

Summary

Delaware Code Title 21, Chapter 44 sets statewide procedures for declaring, posting, towing, and disposing of abandoned vehicles on public and private property. State Police, county police, and municipal police follow identical statutory steps regardless of jurisdiction.

4402. Enforcement; removal of abandoned vehicles; transfer thereof. (a) This chapter shall be enforced with respect to state or public highways or property within a municipality which maintains a police force by that police force. In all other instances, the State Police or the Department of Safety and Homeland Security (hereinafter “Department”) shall enforce this chapter, except that, in New Castle County, the New Castle County Police shall have concurrent authority to enforce this chapter. County code enforcement constables in each county and municipal police shall have concurrent authority to enforce subsections (d) and (e) of this section. The Department of Transportation shall have a limited role in causing vehicles to be removed from state or public highways, as stated herein. (b) Upon the discovery of a vehicle on any state or public highway or property or the property or roads of any political subdivision or state or public highways within a municipality or upon any express highway in the State concerning which vehicle there are reasonable grounds to believe to be an abandoned vehicle, the State Police, county police or municipal police, as the case may be, shall post a notice at some conspicuous place on the vehicle, which shall direct that such vehicle be removed by a stated time and date (such time and date to be not less than 12 hours following the posting of such notice).

Source: Delaware CodeView official code

Full Breakdown

21 Del.C. § 4402 governs enforcement and removal of abandoned vehicles statewide. Police must post a notice on a suspected abandoned vehicle on public property directing removal within at least 12 hours, then mail certified notice giving the owner 7 days to remove. After 7 days, a sticker provides 24 additional hours before tow. Within 5 days of removal, written notice goes to the registered owner and lienholders, who have 30 days to pay storage and removal costs before sale. Removal from private property requires a complaint by the owner or occupant; posting requirements may be omitted there.

Violations & Penalties

Owners failing to reclaim within 30 days lose the vehicle to public sale. Vehicles left on highways are subject to immediate removal at owner expense plus storage fees.

Frequently Asked Questions

Can a city tow an abandoned vehicle from my private driveway?

Yes, on complaint of the property owner or occupant under 21 Del.C. § 4402, municipal police may remove an unconsented vehicle without on-vehicle posting.

How long do I have to recover a towed abandoned vehicle?

You have 30 days from the date of removal to pay all towing and storage charges, or the vehicle may be sold to satisfy those costs.

Sources

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