Laws on Abandoned Heavy Equipment Ownership
- The definition of the word "abandoned" establishes the difference between theft and the legal taking a piece of heavy equipment. As a rule of thumb, the word "abandoned" means all legal ownership has been surrendered. The Justia Law Center, citing the United States Supreme Court, points out that every state defines the word "abandoned" differently. Before you take a piece of heavy equipment, familiarize yourself with the laws of your state.
- It's best to go through the proper legal channels before taking a piece of equipment. This usually involves proving the equipment was abandoned. You may have to copy the VIN number and conduct a search for the original owner. After finding the owner, confer with him. Determine if he no longer wants the equipment. If the original owner is deceased, the owner's estate must be contacted. The process of proving abandonment takes both time and patience.
- If the original owner cannot be found, you must prove to the state all reasonable efforts have been made to find the owner. If after all attempts fail, apply for a title with the state. If you do not have the legalese to do this, contract an attorney to assist you.
- If you take a piece of equipment, the original owner has options for legal recourse. Suppose you find an old rusty backhoe. You restore it to like-new condition. If you did not go through the proper channels, the owner can demand it back. You'll lose time, money and effort restoring the equipment and you'll have to give it back or face theft charges.