In West Virginia, issues involving vehicle towing from private property can be confusing and contentious. Property owners want to maintain control over their land, while vehicle owners often feel blindsided when their car disappears. But what happens when the police get involved? Can law enforcement legally tow your vehicle from private property, and under what circumstances? Here’s what West Virginia law says.
Understanding Private Property Rights
Private property owners in West Virginia have the right to control what happens on their land, including what vehicles are allowed to remain there. If someone parks a vehicle without permission, the owner may take steps to have it removed — often by contacting a private towing company. However, the process becomes more complex when the police are asked to intervene.
According to West Virginia Code §17C-14-14 and §17A-4-10, law enforcement may get involved in towing situations under specific conditions. The primary question becomes whether the vehicle poses a hazard, is abandoned, or is connected to a criminal investigation.
When Police Can Tow a Vehicle from Private Property
There are several scenarios under West Virginia law in which police may tow a vehicle from private property:
1. Abandoned Vehicles
Under WV Code §17A-4-10, if a vehicle is considered abandoned — that is, it has remained on private property for more than five days without the consent of the property owner — it may be reported. Once law enforcement receives notice, they can authorize towing if the vehicle meets the legal definition of abandoned. This process usually requires documentation and reasonable attempts to contact the vehicle owner.
2. Evidence in a Crime
If a vehicle is part of a criminal investigation or suspected to contain evidence, police can tow it regardless of where it is parked. In this case, the vehicle becomes part of an official investigation and may be impounded pending a search warrant or court order.
3. Hazard to Public Safety
Even on private property, if a car is positioned in a way that creates a clear safety hazard — such as blocking a fire lane, obstructing emergency vehicle access, or endangering foot traffic — police have the authority to order its removal. This is particularly relevant for apartment complexes, shopping centers, or other shared private properties.
4. Stolen Vehicles
When a stolen vehicle is located on private property, police can have it towed and returned to the rightful owner. Property owners are encouraged to report suspicious or unknown vehicles as soon as possible.
When Police Cannot Tow a Car
There are limits to police authority. For instance:
- No General Power to Tow Without Cause: Police cannot tow a vehicle from private property simply because a property owner makes a verbal request. There must be legal justification — such as abandonment, safety risks, or legal violations.
- No Enforcement of Private Property Rules: If someone parks in your driveway or designated parking spot, it is not automatically a police matter. You typically need to contact a private tow company unless the situation escalates into criminal trespass or meets one of the legal conditions mentioned earlier.
Required Procedures and Due Process
When law enforcement does tow a vehicle from private property, they must follow legal procedures:
- Notice and Documentation: The police must record why the vehicle was towed and notify the vehicle owner when possible.
- Towing Logs: Police departments and tow companies are required to maintain detailed logs of towed vehicles.
- Storage Fees and Recovery: The vehicle owner is usually responsible for towing and storage fees unless the tow was unlawful. They may challenge the tow through a hearing or civil court.
The Role of Private Tow Companies
In most private property situations, especially in residential or commercial areas, tow companies handle removal — not the police. However, for a private tow to be legal in West Virginia:
- Clear “No Parking” or “Tow-Away Zone” signs must be posted.
- The tow company must report the tow to local authorities within a certain time frame.
- The company must allow vehicle retrieval within standard business hours and provide itemized bills.
What You Can Do If Your Car Is Towed
If you believe your car was wrongfully towed:
- Request Documentation: Ask the police department or tow company for a copy of the towing report.
- Verify the Legal Basis: Ensure there was a valid reason — such as abandonment or hazard.
- Challenge the Tow: You may file a complaint with the local magistrate court or, if necessary, initiate a civil case for damages or recovery of fees.
- Act Quickly: Towing fees accumulate daily, so time is critical in resolving any disputes.
Final Thoughts
While West Virginia law grants police authority to tow vehicles from private property under specific circumstances, they cannot act arbitrarily or simply remove cars at a property owner’s request without cause. Understanding the legal framework — including when a car is deemed abandoned, hazardous, or criminally connected — helps protect both property owners and drivers.
Suppose you’re dealing with a towed vehicle or parking conflict on private property. In that case, it’s essential to know your rights, communicate with law enforcement or tow services respectfully, and pursue appropriate legal remedies if needed.