The value of a vehicle for the purposes of this Chapter is the wholesale value of the vehicle as described in the most recent issue of the applicable NADA guide, or other reliable pricing method if the NADA guide is not available. It is not necessary to determine the exact value of the vehicle, but rather whether such value is more or less than two hundred fifty dollars ($ 250.00). The general condition of the vehicle shall also be taken into account when making this determination. In determining the value of the vehicle, any contents of the vehicle shall not be considered.
The title to any abandoned vehicle which at the time it was abandoned did not have either current license plates or valid "In Transit" decals issued by a licensed automobile dealer attached to it and which has a value of two hundred fifty dollars ($ 250.00) or less vests immediately with the law enforcement agency. The appropriate official of the law enforcement agency shall present the AFFIDAVIT AND REQUEST FOR CERTIFICATE OF TITLE FOR MOTOR VEHICLE/ATV/MINIBIKE/MOTORBOAT - LAW ENFORCEMENT ONLY to the Department, which shall issue a new title in the name of the law enforcement agency at no cost. Any liens existing against the previous title shall be extinguished.
When an abandoned vehicle is determined to have a value of more than two hundred fifty dollars ($ 250.00), the law enforcement agency shall make an inquiry as to the last registered owner(s) as follows:
After the last registered owner(s) of the vehicle has been determined, the law enforcement agency shall send notice to the owner(s) at his or her last-known address by certified or registered United States mail. The notice shall state that the vehicle in question has been determined to be an abandoned vehicle and if not claimed will be sold or auctioned after five days of the date the notice was mailed, or if the law enforcement agency intends to retain the vehicle, that title to the vehicle will vest in the law enforcement agency 30 days after the date the notice was mailed. If any liens are found to exist against the title of the vehicle as a result of the inquiry described in subsection 005.03 of these rules and regulations, a copy of this notice shall also be sent by certified or registered United States mail to each lienholder. A copy of this notice shall also be sent to any person other than the last registered owner(s) who was found to be operating or in the possession of such vehicle at the time it was seized by the law enforcement agency.
If the vehicle is in such a condition that vehicle identification numbers or other means of identification are not available to determine the last-registered owner or lienholder, the vehicle may be disposed of without notice.
If the vehicle is not required to be registered or the vehicle has never been registered, the law enforcement agency shall follow the procedures above and use any ownership and lien information from the vehicle title and follow the notification procedures above.
If the law enforcement agency has determined that it will retain an abandoned vehicle for its own use rather than sell or auction it, the law enforcement agency shall also publish notice in a Nebraska newspaper of general circulation that it intends to retain the vehicle for its own use, and that title will vest with the law enforcement agency 30 days following the date of publication of notice. This notice shall be published on the same date that the notice described in subsection 005.04 of these rules and regulations is sent to the last registered owner(s), each lienholder, if any, or any person found to be operating or in possession of the vehicle at the time it was seized.
The last registered owner(s), any lienholder(s), or person found to be operating or in possession of a vehicle at the time of its seizure by a law enforcement agency may claim the vehicle within the period prescribed in subsection 005.04 of these rules and regulations by presenting acceptable identification and a copy of the notice to the appropriate official of the law enforcement agency in which the vehicle was abandoned. Towing and storage costs shall be paid as follows:
If unclaimed, the title to any vehicle with a value of over two hundred fifty dollars ($ 250.00) shall vest with the law enforcement agency as follows:
Once title to a vehicle has vested with the law enforcement agency as described in subsection 005.07 of these rules and regulations, the law enforcement agency shall wait an additional 30 days before applying for a title. If the owner(s) or lienholder(s) does not appear or respond within 30 days from the vesting of title, the appropriate official of the law enforcement agency shall present the AFFIDAVIT AND REQUEST FOR CERTIFICATE OF TITLE FOR MOTOR VEHICLE/ATV/MINIBIKE/MOTORBOAT - LAW ENFORCEMENT ONLY to the appropriate county official or the Department, if a state agency which shall issue a new title in the name of the law enforcement agency at no cost.
Upon receipt of a title, the law enforcement agency may sell or auction the vehicle or retain it for its own use. Nothing in this Chapter shall prevent a law enforcement agency from transferring the title of a vehicle to an individual or company which towed or stored the vehicle in order to satisfy towing or storage costs.
The owner(s), lessee, or occupant of any private property from which an abandoned vehicle is removed shall not be liable for any loss or damage to the vehicle which occurs as a result of its removal. The law enforcement agency or its contractual towing agent shall likewise not be liable for any loss or damage to such vehicle which occurs as a result of its removal from public or private property, towing, or storage.
247 Neb. Admin. Code, ch. 3, § 005