32-36-1      Declaration of public interest in disposal.
32-36-2      Definition of terms.
32-36-3      Authority of removal agency generally.
32-36-4      Entry on land for purpose of removal.
32-36-4.1      Removal of abandoned vehicles from private property without written permission prohibited.
32-36-5      Title information to be furnished to removal agency.
32-36-6      Repealed.
32-36-7      Repealed.
32-36-8      Notice to owner and lien holders after removal--Contents--Form--Publication of notice--Violation as misdemeanor.
32-36-9      Vesting of title in removal agency after notice sent--Time allowed for holder of title or lienholder to reclaim--Notice of intent to reclaim--Failure to reclaim.
32-36-10      Repealed.
32-36-11      Application for certificate of title by removal agency.

32-36-1. Declaration of public interest in disposal.

Abandoned, derelict, and junk motor vehicles and other scrap metals constitute a hazard to the health and welfare of the people of the State of South Dakota in that such vehicles and other scrap metals can harbor noxious diseases, furnish shelter and breeding places for vermin, and present physical dangers to the safety and well-being of children and other citizens. Abandoned, derelict, and junk motor vehicles and other scrap metals also constitute a blight on the landscape of the State of South Dakota and, therefore, are a detriment to the environment. The indiscriminate abandonment and retirement of motor vehicles and other scrap metals constitute a waste of valuable sources of useful metal. It is therefore in the public interest that the present accumulation of abandoned, derelict, and junk motor vehicles and other scrap metals be eliminated, that future abandonment, dereliction, and junking of motor vehicles and other scrap metals be discouraged, that the expansion of existing scrap recycling facilities be developed, and that other acceptable and economically useful methods for the disposal of abandoned, derelict, and junk motor vehicles and other scrap metals be developed.

Source: SL 1972, ch 197, § 1.

32-36-2. Definition of terms.

Terms used in this chapter mean:

(1)    "Abandoned motor vehicle," any motor vehicle left on a public street or highway or left on private property without the permission of the landowner or tenant;

(2)    "Impounded vehicle," any vehicle removed or caused to be removed from a public highway pursuant to § 32-30-19;

(3)    "Junk motor vehicle," any motor vehicle which has been placed on the property of a recognized junk dealer for the purposes of salvage;

(4)    "Motor vehicle," automobiles, motor trucks, motorcycles, house trailers, trailer coaches, cabin trailers, and all vehicles propelled by power other than muscular power, except traction engines, road rollers, fire trucks, wagons and engines, police and patrol wagons, farm wagons, freight trailers, and such vehicles as run only on rails or tracks;

(5)    "Removal agency," any public body, private or nonprofit organization authorized to remove and salvage abandoned and junk motor vehicles and other scrap metals. The removal agency may be authorized by chapter 32-30 to remove vehicles, may be hired or appointed by a public body or may be in the business of removing or salvaging vehicles;

(6)    "Scrap metals," waste or refuse metals that have been in actual use and have been abandoned and are fit only to be remanufactured or recycled.

Source: SL 1972, ch 197, § 2; SL 1985, ch 268, § 1; SL 1987, ch 245, § 1; SL 1988, ch 270, § 1; SL 1998, ch 195, § 3.

32-36-3. Authority of removal agency generally.

Any removal agency may remove and salvage abandoned, and junk motor vehicles and other scrap metal and may locate, enumerate, and mark; secure authorization for removal; remove, collect, and store; and secure transportation to processing centers for any abandoned or junk motor vehicles and other scrap metals.

Source: SL 1972, ch 197, § 3; SL 1985, ch 268, § 2.

32-36-4. Entry on land for purpose of removal.

Any removal agency may secure the necessary authorization or license from the owner or tenant of any land. After such authorization has been secured the removal agency may enter upon the land for the purpose of removing any abandoned or junk motor vehicles or other scrap metals.

Source: SL 1972, ch 197, § 4; SL 1985, ch 268, § 3.

32-36-4.1. Removal of abandoned vehicles from private property without written permission prohibited.

No removal agency may remove abandoned motor vehicles from private property without the written permission of the landowner or tenant. A violation of this section is a Class 2 misdemeanor.

Source: SL 1987, ch 245, § 2A; SL 1990, ch 158, § 3.

32-36-5. Title information to be furnished to removal agency.

For the purposes of this chapter, the Department of Revenue shall cooperate with any removal agency by providing the last known address of the record holder of title and any readily identifiable lien holders free of charge.

Source: SL 1972, ch 197, § 5 (3); SL 1973, ch 2, § 34(a); SL 1984, ch 343, §§ 17, 18; SL 1985, ch 268, § 4.