Minnesota Statutes Transportation (Ch. 160-174A) § 168B.07. Right to reclaim

Subd. 3. Retrieval of contents; right to reclaim. (a) For purposes of this subdivision:

(b) A unit of government or impound lot operator must establish reasonable procedures for retrieval of vehicle contents, and may establish reasonable procedures to protect the safety and security of the impound lot and its personnel.

(c) At any time before the expiration of the waiting periods provided insection 168B.051, a registered owner of a vehicle who provides proof of identity that includes photographic identification and documentation from a government or nonprofit agency or legal aid office that the registered owner is homeless, receives relief based on need, or is eligible for legal aid services, has the unencumbered right to retrieve any and all contents without charge and regardless of whether the registered owner pays incurred charges or fees, transfers title, or reclaims the vehicle. A refusal by the impound lot operator to allow the registered owner to retrieve the vehicle contents after the owner provides valid documentation is a violation of this paragraph.

(d) An impound lot operator may make copies of the documents presented by the registered owner under paragraph (c), and the impound lot operator must return all of the original documents to the registered owner immediately after copying them.

Subd. 3. Retrieval of contents. (a) For purposes of this subdivision:

(b) A unit of government or impound lot operator shall establish reasonable procedures for retrieval of vehicle contents, and may establish reasonable procedures to protect the safety and security of the impound lot and its personnel.

(c) At any time before the expiration of the waiting periods provided insection 168B.051, a registered owner who provides documentation from a government or nonprofit agency or legal aid office that the registered owner is homeless, receives relief based on need, or is eligible for legal aid services, has the unencumbered right to retrieve any and all contents without charge and regardless of whether the registered owner pays incurred charges or fees, transfers title, or reclaims the vehicle.

Subd. 3b. Retrieval of contents; notice of denial. (a) This subdivision applies to an impound lot operator (1) who operates a nonpublic impound lot, or (2) with which a unit of government exclusively contracts to operate an impound lot solely for public use undersection 168B.09.

(b) An impound lot operator who denies a request of a registered vehicle owner to retrieve vehicle contents after the registered owner presents documentation pursuant to subdivision 3, paragraph (c), must, at the time of denial, provide the registered owner with a written statement that identifies the specific reasons for the denial.

Subd. 3c. Retrieval of contents; public notice. (a) This subdivision applies to an impound lot operator (1) who operates a nonpublic impound lot, or (2) with which a unit of government exclusively contracts to operate an impound lot solely for public use undersection 168B.09.

(b) An impound lot operator must post a conspicuous notice at its place of operation in the following form:

(1) a photo ID (such as a driver's license, passport, or employer ID); AND

(2) documentation from a government or nonprofit agency or from a legal aid office that shows you get benefits from a government program based on your income, you are homeless, or you are eligible for legal aid services. Examples of this documentation include BUT ARE NOT LIMITED TO:

- an EBT card;

- a Medical Assistance or MinnesotaCare card;

- a Supplemental Nutrition Assistance Program (SNAP) card; and

- a letter, email, or other document from a government agency, nonprofit organization, or legal aid organization showing that you get benefits from a government program based on your income, you are homeless, or you are eligible for legal aid services.”

Subd. 3d. Retrieval of contents; remedy. (a) This subdivision applies to an impound lot operator (1) who operates a nonpublic impound lot, or (2) with which a unit of government exclusively contracts to operate an impound lot solely for public use undersection 168B.09.

(b) If an impound lot operator denies the registered owner the right to retrieve the vehicle contents in violation of subdivision 3, paragraph (c), an aggrieved registered vehicle owner has a cause of action against the impound lot operator as provided in this subdivision.

(c) If the vehicle and its contents remain in the possession of the impound lot operator and retrieval of the vehicle contents was denied in violation of subdivision 3, paragraph (c), an aggrieved registered vehicle owner is entitled to injunctive relief to retrieve the vehicle contents as well as reasonable attorney fees and costs.

(d) If an impound lot operator sells or disposes of the vehicle contents after the registered owner has provided the documentation required under subdivision 3, paragraph (c), an aggrieved registered vehicle owner is entitled to statutory damages in an amount of $1,000 and reasonable attorney fees and costs. An action brought pursuant to this paragraph must be brought within 12 months of when the vehicle was impounded.