§ 40-508. Auction or use of abandoned items; waiver of rights.

(a)

If an abandoned motor vehicle, aircraft, watercraft or outboard motor is not claimed under section 40-505:

(1)

The owner or lienholder:

a.

Waives all rights and interests in the item; and

b.

Consents to the sale of the item by public auction or the transfer of the item, if a watercraft, as provided by this section; and

(2)

The chief of police may sell the item at a public auction, transfer the item, if a watercraft, as provided by this section, or use the item as provided by section 40-505.

(b)

Proper notice of the auction shall be given. A garagekeeper who has a garagekeeper's lien shall be notified of the time and place of the auction.

(c)

The purchaser of a motor vehicle, aircraft, watercraft or outboard motor:

(1)

Takes title free and clear of all liens and claims of ownership;

(2)

Shall receive a sales receipt from the law enforcement agency; and

(3)

Is entitled to register the motor vehicle, aircraft, watercraft, or outboard motor with and receive a certificate of title from the appropriate authority.

(Code 1990, ch. 9, § 8(G); Ord. of 3-8-1970; Ord. of 10-7-1975)

State law reference

Similar provision, V.T.C.A., Transportation Code § 683.014.