When your car is towed, especially from private property, it can feel intrusive, confusing, and downright frustrating. In Kansas, the legality of police towing a vehicle from private property depends on specific circumstances and laws. Both vehicle owners and property owners need to understand their rights and responsibilities to avoid unexpected legal issues or fees.
When Can Police Tow a Vehicle in Kansas?
Kansas law allows law enforcement officers to tow vehicles under certain situations, whether on public or private property. The Kansas Statutes Annotated (K.S.A.) outlines these circumstances, particularly under K.S.A. 8-1102 and K.S.A. 8-1570. Police can tow your vehicle from private property if any of the following apply:
- Vehicle is Involved in a Crime or Traffic Offense
If your vehicle is evidence in a criminal investigation (e.g., stolen, used in a crime, or contains illegal substances), police have the authority to tow it—even if it’s on private property. - Abandoned or Inoperable Vehicles
Vehicles left unattended for a certain period or deemed abandoned may be towed by law enforcement. Kansas law defines an abandoned vehicle as one left for more than 48 hours on private property without the owner’s consent or inoperable for an extended period without lawful storage. - Public Safety and Obstruction
If the vehicle poses a threat to public safety, blocks fire lanes, sidewalks, driveways, or emergency exits, police can intervene regardless of ownership or property status. - Expired or Suspended Registration
Cars with invalid license plates, no tags, or suspended registrations may be impounded by police, even if parked on private land.
Role of Property Owners in Towing from Private Property
Private property owners in Kansas also have rights regarding vehicles parked on their land without permission. According to Kansas law, property owners can request unauthorized vehicles be towed under certain rules:
- Posted Signage Requirements
To tow a vehicle without immediate police involvement, the property must have visible signs indicating parking restrictions or towing policies. These signs must comply with local ordinances and should be clearly posted at all entry points or in designated parking areas. - Immediate Threat or Obstruction
Even without signage, if a vehicle blocks access, impedes traffic, or creates a hazard, property owners can contact law enforcement to initiate a tow. - Law Enforcement Authorization
In some cities and counties in Kansas, the police must authorize any private tow, particularly if the vehicle is not considered an immediate danger or violation.
What About Apartment Complexes and Commercial Properties?
Kansas law treats apartment complexes, shopping centers, and other multi-tenant properties similarly to private homes when it comes to towing. However, landlords and property managers must:
- Include parking rules in lease agreements.
- Post proper signage at entrances and within the property.
- Provide notice to vehicle owners before towing in non-emergency situations, when applicable.
Failure to follow these procedures can result in legal liability or invalid towing actions.
What Are Your Rights If Your Car Gets Towed?
If your vehicle has been towed from private property in Kansas, you still have rights as a vehicle owner:
- Receive Notice: Tow operators must notify the registered vehicle owner within a reasonable time (usually within 48 hours) after impounding.
- Retrieve Belongings: Kansas law typically allows vehicle owners to access personal belongings from the towed vehicle, even if they can’t pay the towing fee immediately.
- Right to a Hearing: You can request a hearing to contest the legality of the tow, especially if you believe it was done improperly or without valid cause.
What You Should Do If Your Vehicle Is Towed
If you find your vehicle missing from private property, take the following steps:
- Contact Local Law Enforcement
Confirm whether the vehicle was towed or stolen. The police can check local impound records. - Contact the Tow Company
If your car was towed, they will provide you with the location and fee details. - Understand the Fees
Towing and storage fees can accumulate daily. Be sure to collect your vehicle as soon as possible to avoid higher charges. - Review Towing Laws
Consider speaking with an attorney if you feel the tow was illegal or if you were not properly notified.
Final Thoughts
In Kansas, police have the legal authority to tow vehicles from private property under specific circumstances, especially when laws are violated or public safety is at risk. Meanwhile, private property owners must adhere to signage and notification requirements when requesting vehicle removal. For vehicle owners, staying informed about parking regulations, vehicle registration status, and property signage can prevent costly and stressful towing situations. Knowing your rights can also help you respond appropriately if your car ever gets towed from private property.