An Act relating to removal of motor vehicles from public or private property; amending Rules 79 and 82, Alaska Rules of Civil Procedure.

Updated: June 11, 1999

AS 28.05.121 Giving of notice. When giving of notice of intent to impound a motor vehicle on private property under the assumption that it is "junk" or a public notice, the impounding agency must;

• Place a bright colored notice of intent to impound at least 12 inches by 12 inches on the vehicle in a position clearly visible and firmly attached, and
• Notify, by certified mail, the registered owner, and
• Notify the property owner either by mail or in person or by attaching a clearly visible notice on the entryway to the dwelling on the property.

Impoundment of vehicles. When a motor vehicle is impounded, the owner of the real property where the vehicle must be notified by certified mail and by the attachment of a notice of impoundment on the principle entry on the dwelling on the real property.

AS 28.05.131 Opportunity for hearing required. Except when there is a public safety or health issue, the vehicle owner shall have an opportunity for administrative hearing on the seizure of the owner's vehicle at a time that is convenient to the owner. Convenient to the owner means at a time when the owner is not working and is in the political subdivision that impounded the vehicle. The vehicle owner may appeal the decision of the hearing officer. Pending the decision of the court or hearing officer, the vehicle must be kept secure and undamaged.

Liability for damage to impounded vehicles. If the hearing officer or the court rules that the vehicle was improperly seized, the owner shall be reimbursed for his/her costs incurred in defending the action and for any damages to the vehicle, or any items lost from the vehicle, the cost of retrieving the vehicle, and lost time defending this action. These costs to be assigned by the hearing officer or judge.