Montana Statewide Rule
Montana Abandoned Vehicle Removal and Title Procedures
Key Facts
- Public property hold
- 48 hours minimum
- Notice agency
- MT MVD
- Auction wait
- 30 days typical
- Statute
- MCA 61-12-401
Summary
Montana Title 61, Ch. 12, MCA establishes uniform statewide procedures for declaring vehicles abandoned, towing, lien sales, and title transfer. Local governments must follow state notice and disposition rules; private property owners follow specific statutory steps.
(1) The following law enforcement agencies and department of fish, wildlife, and parks personnel may take into custody any vehicle found abandoned for a period of 48 hours or more on a public highway or for a period of 5 days or more on a city street, public property, or private property:
Full Breakdown
Under MCA 61-12-401 through 61-12-407, vehicles left on public property for more than 48 hours after being tagged, or on private property without consent, may be declared abandoned. Law enforcement or authorized agents must record VIN, license plate, and condition; the Department of Justice Motor Vehicle Division then notifies the registered owner and lienholders. After mandatory hold periods (generally 30 days for titled vehicles), unclaimed vehicles may be sold at public auction or destroyed. Local ordinances may add notice steps but cannot bypass MVD title procedures. Private property owners must request law-enforcement assistance to lawfully remove abandoned vehicles.
Violations & Penalties
Improper towing or sale without statutory notice exposes municipalities and tow operators to civil damages, attorney fees, and conversion claims under MCA 61-12-407.
Frequently Asked Questions
Can my Montana city tow a vehicle without notice?
How do I remove an abandoned car from my Montana property?
Sources
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