Request By:
Elizabeth M. Blincoe
Assistant Boone County Attorney
P.O. Box 169
Burlington, Kentucky 41005
Opinion
Opinion By: Frederic J. Cowan, Attorney General; Gerard R. Gerhard, Assistant Attorney General
Re: Vehicles Impounded by County Police - Extent of Effort Required of County Police to Notify Lien Holders Prior to Sale of Vehicle. AGO Corr. No. 91-(O)-305.
By letter of February 20, 1991, you asked that we advise on the extent of effort required of county police to notify holders of liens on out-of-state vehicles that are unclaimed following impoundment concerning their possible sale.
In our view, a county police property clerk (or his deputy) should send notice by certified mail, return receipt requested (and allowing an opportunity to respond) , to the registered owner, and any lien holder of record, for either an in-state vehicle, or an out-of-state vehicle, which is subject to possible sale by virtue of being unclaimed following impoundment. Discussion follows.
KRS 67.594(4)(b) directs, in part, that no property shall be sold pursuant to KRS 65.594(4) unless:
[r]easonable efforts have been made by the property clerk or his deputy to ascertain the name of the true owner or lawful claimant of the property and to effect its return to him . . . .
The question arises as to what constitutes a "reasonable effort" within the meaning of such provision.
KRS 82.630, mentioned in your letter, relates, as you point out, to the sale of unclaimed impounded vehicles by cities of the first four classes, or an urban county government. Although the language of such provision does not apply to counties, or their police departments, we believe it nonetheless tends to establish a minimum standard of notice that a law enforcement agency must provide to owners and lien holders of record, of vehicles unclaimed following impoundment, and subject to sale. Subsection (1) of KRS 82.630 specifies, for cities of certain classes, and urban county governments, that, prior to the sale of an unclaimed impounded vehicle, notice must be mailed by certified mail, to the registered owner, if known, and lien holders of record, affording the parties the right to claim a vehicle that has been impounded.
No distinction is made in KRS 82.630(1), between an in-state and an out-of-state vehicle. The standard of notice certain classes of cities, or an urban county government, are required to give regarding possible sale of a vehicle unclaimed, following impoundment, is the same whether the vehicle is titled in Kentucky or another state.
Sale of impounded vehicles by a county police agency, depending upon the circumstances involved, is governed either by KRS 67.594 (noted in your letter), or by KRS 376.275. KRS 67.594 does not detail the procedures to be followed, and KRS 376.275 might permit a lesser standard of notice than is provided by KRS 82.630 regarding disposition of impounded vehicles by cities.
Disposition of an impounded vehicle by sale obviously affects property rights. Due process of law (e.g., notice and an opportunity to respond) must be observed in the course of such disposition. A procedure similar to that required of cities by KRS 82.630 appears appropriate.
A county police agency should have, or have ready access to, a means (e.g., through the National Law Enforcement Teletype System, or other similar or related network) to query vehicle title agencies in other states to determine both an owner of record, and any lien holder (s) of record (and their addresses), of a vehicle titled in another state, to facilitate sending a notice by certified mail to both an owner of record, and a lien holder of record, even in relation to a vehicle titled in another state. It thus is reasonable to hold county police forces to the same standard of notice to registered owners and holders of liens against vehicles titled in other states, as applies to owners or holders of liens against vehicles titled in Kentucky.
In our view, in order to minimize potential liability to lien holders, a county police agency, or other agency, should, as a minimum, send notice, allowing a sufficient opportunity to respond, by certified mail, return receipt requested, of possible sale of a vehicle unclaimed following impoundment. Such notice should be sent to both the registered owner of such vehicle, and any lien holders of record regarding such vehicle. Such notice must be given, in our view, with respect to both in-state and out-of-state vehicles. Agencies should retain documentation of their efforts in such regard.
Copies of KRS 67.594, 82.630, and 376.275, mentioned above, are enclosed for your convenience in reviewing this opinion.