The Montana Code Annotated defines a junk vehicle in the following manner: “discarded, ruined, wrecked, or dismantled motor vehicle, including component parts, which is not lawfully and validly licensed, and remains inoperative or incapable of being driven”. The act of abandonment must be voluntary, and the owner must relinquish possession to such an extent that the property is left free and open to appropriation by the next comer. Abandonment may also be inferred through intent, where the conduct of the owner is clearly inconsistent with
continued use or ownership.
The Gallatin County Junk Vehicle Program will remove an abandoned vehicle from private property only if it meets the entire definition of a junk vehicle. The property owner is required to demonstrate the act or intent of abandonment through the following procedure.
1. Determine the last registered owner of the vehicle. If there is a registration that matches the information about the car, you may use this. Otherwise the property owner may request the information from the Motor Vehicle Division of the state the vehicle was last licensed in. If the vehicle was licensed in the State of Montana a Motor Vehicle Record Request-Form MV210 must be submitted. This form is available at www.doj.state.mt.us/driving/forms.asp.
2. Notify the vehicle owner of your intent to remove the vehicle through certified mail. In the letter include the following information: year, make, model, VIN#, and color. State the location of the vehicle and that it is illegally parked on private property and that it must be removed within 30 days or it will be disposed of accordingly. Be sure to keep a copy of the letter for your records.
3. If the letter is returned to sender, or a response is not received within the 30-day time frame, the vehicle is assumed to be abandoned.
4. If you wish to have the Gallatin County Junk Vehicle Program remove and junk the vehicle, bring a copy of the letter, the returned letter or signature postcard from the certified mailing, and a picture of the vehicle into the Junk Vehicle Department. There is a short form that the property owner fills out requesting removal. If the Junk Vehicle Director determines that the vehicle is indeed a junk vehicle, the vehicle will be removed at no charge to the property owner.
If the abandoned vehicle doesn’t meet the definition of a junk vehicle, the property owner may contact a private towing company, file an Agister’s lien against the vehicle (information available at the Law and Justice Center, 615 South 16th, Bozeman), or wait until the vehicle qualifies as a junk vehicle.
The Gallatin County Junk Vehicle Program is located within the Gallatin County Road Department at 205 Baxter Lane West, Bozeman, 406-582-3250. Our office hours are Monday through Friday, 7:30 to 3:30 pm.
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