We have a vehicle that's abandoned under 18.17 of the Code of Criminal Procedure that we want to put into agency use per 18.17(g). However, we are having some problems/questions about how to go about retitling the property to the county/law enforcement agency.

Unlike 59 forfeitures, 18.17 doesn't require a court order to dispose of the property. Problem is since we don't have a court order and it's not going to be sold at this time (like property abandoned under 683) we are having problems retitlng the vehicle for agency use.

DMV is saying that we might need a court order for them to retitle it.

Seems like it's a case of first impressions for everyone involved.

Has anyone ever dealt with a 18.17 forfeiture that they put into agency use? How did you get it retitled? What form did you use?

Sorry I don't have an answer for you, but I do have a similar situation. Anyone have any forms, tips, info on how to deal with an abandoned vehicle?

See the Trans. Code statute below. It appears that you need a court order. Which court? I do not have a clue.

� 501.074. [2 Versions: Effective January 1, 2012] Transfer of Vehicle by Operation of Law

(a) The department shall issue a new title for a motor vehicle registered in this state for which the ownership is transferred by operation of law or other involuntary divestiture of ownership after receiving:

(1) a certified copy of an order appointing a temporary administrator or of the probate proceedings;

(2) letters testamentary or letters of administration;

(3) if administration of an estate is not necessary, an affidavit showing that administration is not necessary, identifying all heirs, and including a statement by the heirs of the name in which the certificate shall be issued;

(4) a court order; or

(5) the bill of sale from an officer making a judicial sale.

Why must it be titled? 18.17(g) says the agency may use it, but must return it for disposition after use. It doesn't say you get to keep it forever. I admit that car titles and county property generally are outside my area of expertise.