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Your rights after a tow in South Dakota

South Dakota law sets rules for towing from private property, such as apartment complexes and store lots. Counties and cities set the maximum rates. Here is what the law says, in plain English.

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Tow-away signs and distance

The South Dakota towing chapters I read (SDCL 32-30 and 32-36) set no statewide rule for tow-away signs on private lots. Check the lot itself and your city's rules, since local ordinances may add requirements. SDCL ch. 32-36 and 32-30 (no sign rule found) (opens in a new tab)
The same chapters set no statewide limit on how far a private-property tow can be taken. If the storage lot seems unreasonably far, ask the tow company why and keep a record. SDCL ch. 32-36 and 32-30 (no distance rule found) (opens in a new tab)

Who can order a tow

A tow company may not remove a vehicle from private property without written permission from the landowner or tenant. Violating this is a Class 2 misdemeanor, so you can ask the company to show that written authorization. SDCL 32-36-4.1 (opens in a new tab)
South Dakota treats a car left on private property without the landowner's or tenant's permission as an abandoned vehicle, which is what lets a tow company remove it. SDCL 32-36-2(1) (opens in a new tab)

Reporting the tow

The statute that requires a tow company to report a removal to the owner, police or sheriff within 24 hours covers vehicles taken from public streets and highways. I found no statewide deadline for reporting private-property tows, so call the police non-emergency line to ask. SDCL 32-30-3.1 (opens in a new tab)
For a tow from a public street, a company that skips the required 24-hour report cannot charge towing or storage fees. This rule is written for public-street removals, not private lots. SDCL 32-30-3.2 (opens in a new tab)

Notice, liens and deadlines

Within 45 days of the removal, the tow company must mail written notice by certified mail to the registered owner and known lienholders. It must give the date and place of the tow, the vehicle details and where the car is held. SDCL 32-36-8 (opens in a new tab)
If the company does not send that notice within 10 days of the tow, it cannot charge storage beyond day 10 until the notice is mailed. SDCL 32-36-8 (opens in a new tab)
The registered owner or a lienholder can reclaim the vehicle. They must tell the state Department of Revenue in writing within 30 days that they intend to reclaim it. SDCL 32-36-9 (opens in a new tab)
Title passes to the tow company 30 days after the notice was mailed if the owner has not claimed the car. After that you can no longer get it back. SDCL 32-36-9 (opens in a new tab)

Your belongings and the lien

The tow company has a possessory lien on the car and its contents for reasonable towing and storage costs. The lien on contents cannot exceed $500, and it cannot attach to tools used in your trade, clothing or food. SDCL 32-30-18 (opens in a new tab)

Fees and rates

I found no statewide maximum rate for private-property tows in South Dakota law. The lien covers only the reasonable cost of taking custody and storing the car, so ask for an itemized bill. SDCL 32-30-18 (opens in a new tab)
A city may change the state abandoned-vehicle provisions in SDCL 32-30-12 to 32-30-18 by ordinance. Check your city's code, since a local rule could differ from the state's. SDCL 32-30-12.1 (opens in a new tab)

Disputes and complaints

I found no special South Dakota hearing process to contest a private-property tow. The usual route is small claims court, which hears claims up to $12,000. SDCL 15-39-45.1 (opens in a new tab)
The Attorney General's Division of Consumer Protection takes consumer complaints through an online form. It can be reached at consumerhelp@state.sd.us or 605-773-4400. South Dakota Consumer Protection (opens in a new tab)
If you paid by credit card, you can dispute the charge with your card issuer. For billing errors, your written dispute generally must reach the issuer within 60 days of the first bill showing the charge. Whether a tow charge qualifies is up to the issuer. Fair Credit Billing Act (FTC guidance) (opens in a new tab)

Where to complain

South Dakota Attorney General, Division of Consumer Protection. Accepts consumer complaints online. Email consumerhelp@state.sd.us or call 605-773-4400. File a complaint (opens in a new tab)

Small claims claims in South Dakota cannot exceed $12,000, not counting allowable costs or attorney fees.

Check your tow

Sources

Last checked 2026-10-17. These are the laws and official pages this page is based on.