AGO 98004.

CourtNebraska
Nebraska Attorney General Opinions 1998. AGO 98004. DATE: January 15, 1998SUBJECT: Disposing of Unclaimed Motor Vehicles and Recovering the Costs Associated with the Nebraska State Patrol's Seizure and Storage of Motor Vehicles.REQUESTED BY: Ron Tussing, Colonel Superintendent Nebraska State PatrolWRITTEN BY: Don Stenberg, Attorney General Paul N. Potadle, Assistant Attorney General QUESTION 1: Is a motor vehicle "property" as contemplated by Neb. Rev. Stat. § 29-820(c) (1995) that it may be disposed of pursuant to that section? ANSWER 1: The term property as used in sections 29-812 to 29- 821 is defined as "tangible objects" which includes motor vehicles. QUESTION 2: For the provisions of Neb. Rev. Stat. § 29-820 (1995) to apply to a motor vehicle, must the seizure have been motivated solely by specific evidentiary purposes or is it sufficient that the motor vehicle was seized and is not required as evidence? ANSWER 2: Under Neb. Rev. Stat. § 29-818 (1995), an officer may seize property and hold it in custody "so long as is necessary for the purpose of being produced as evidence on any trial." QUESTION 3: Does the "net proceeds" language of Neb. Rev. Stat. § 29-820(c) (1995) and Article VII, Section 7, Constitution of Nebraska, authorize the use of proceeds to pay costs of seizure, storage and sale of the vehicle with the balance to be paid to the school perpetual fund? ANSWER 3: When used in other statutes, the Nebraska Supreme Court has defined the term "net proceeds" as gross proceeds minus reasonable and necessary expenses incurred. The costs of seizure, storage and sale of the vehicle are likely to be considered reasonable expenses. QUESTION 4: Is an affidavit establishing a motor vehicle as property described in Neb. Rev. Stat. § 29-820(c) (1995) "evidence sufficient" to permit the Department of Motor Vehicles to issue or to authorize a title to such motor vehicles pursuant to Neb. Rev. Stat. § 60-111 (1993)? ANSWER 4: Under Neb. Rev. Stat. § 60-111 (1993), an applicant for a new certificate of title must set forth facts entitling him or her to possession and ownership; not evidence that the vehicle is property. DISCUSSION A motor vehicle is considered property under section 29- 820(c). According to section 29-817, "[t]he term `property' [as] used in sections 29-812 to 29-821 [includes] documents, books, papers, and any other tangible objects." Motor vehicles are clearly...

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