NCJ Number
116353
Journal
Iowa Law Review Volume: 73 Issue: 2 Dated: (January 1988) Pages: 495-519
Date Published
1988
Length
25 pages
Annotation
This analysis of three Iowa laws regarding the towing of abandoned or illegally parked vehicles that are susceptible to challenge under the due process clause of the Fourteenth Amendment and should therefore be modified.
Abstract
The right-of-way towing statue permits immediate seizure of vehicles that pose an immediate danger and hazard and for seizure after 48 hours' notice of other vehicles. The State vehicle towing statute pertains to abandoned vehicles, while the private vehicle towing statute provides for seizing of abandoned vehicles by private real property owners or possessors. These three laws raise constitutional questions concerning procedural due process regarding the adequacy and timing of the notice and hearing provided by the statutes. Analysis of these issues suggests that the laws should be amended because they fail to provide for prompt postseizure notice and hearing before an impartial decisionmaker to challenge the basis of the seizure, the fees and fines assessed, and the planned disposition of the vehicle. Other amendments should focus on the provision of additional information in the notice and on providing for reclaiming vehicles through a bond procedure or without prior payment of fees and fines. 187 footnotes.