The Common Law

The same car has been parked across the street from my house for more than three weeks. It hasn’t moved or been driven and has no license plates. It’s really beat up and three of the car’s windows are open, so the inside gets soaked when it rains. I’m pretty certain the car has been abandoned. How do I get it off our street?

This question is more complicated than you might think. The answer will likely be determined based on whether the car is “operable.”

Texas law has a specific statute on abandoned motor vehicles (Texas Transportation Code Chapter 683.002). This law states that a car is considered abandoned if, for more than 48 hours, it is inoperable, is more than five years old, and has been left unattended on public property. In addition, the law also says that a vehicle can be considered abandoned if it remains illegally on public property for more than 48 hours or is parked on private property without the consent of the property owner for more than 48 hours.

From your question, it is clear that there are no private property concerns because the car is parked on a public residential street. The next consideration is whether the car is legally parked, which requires that the vehicle must be parked in the direction of traffic as well as parallel to and within at least 18 inches of the curb. If the car is illegally parked for more than 48 hours, it can be considered abandoned.

If we assume based on your question that the car is parked close to the curb and in the direction of traffic, then your last hope of getting the car designated as abandoned is for it to be inoperable. There is no time limit on how long a legally parked vehicle can be parked on a public roadway as long as it remains operable. There is also no law that regulates how often a person must use their car, so lengthy periods of parking on a public street does not mean a car has been legally abandoned.

Texas law defines an inoperable motor vehicle as a car that, because of mechanical failure, breakdown, or disrepair, cannot be started, driven, or operated under its own power without causing damage to the vehicle. This is determined visually. Some facts suggest the car in this question is abandoned (beat up, subject to the elements, no license plates), but the car owner could argue that none of these facts standing alone make the car inoperable. Call 311 or your district police representative if you decide to report the car as abandoned.