South Dakota Towing Laws: Your Rights When Your Car Is Towed
Primary law: S.D. Codified Laws ch. 32-30 Β· Last verified July 2026. General information, not legal advice.
South Dakota has one of the thinnest towing consumer-protection frameworks in the country. State law (SDCL chapter 32-30) mostly addresses vehicles removed from public streets and highways as abandoned, wrecked, or improperly parked; it does not comprehensively regulate nonconsent tows from private parking lots. There is no statewide licensing scheme for tow companies aimed at consumer protection, no statewide signage rule for tow-away lots, and no dedicated hearing process to challenge a tow, so city ordinances and general consumer-protection law do much of the work.
There are no statewide caps on towing or storage fees. The main statutory limits are indirect: a removal agency that fails to file the required 24-hour report is not entitled to collect any removal fees (SDCL 32-30-3.2), and the possessory lien a tower can assert against the contents of a vehicle is capped at $500 and cannot attach to tools of a person's trade, clothing, or food (SDCL 32-30-18). Beyond that, fees are constrained only by market forces and general prohibitions on deceptive practices.
If your car disappears in South Dakota, call the county sheriff (outside city limits) or the city police department first β legitimate removal agencies must report tows within 24 hours, so law enforcement should know where the vehicle is. Bring ID and proof of ownership, ask for an itemized bill, and remember the tower cannot hold your work tools, clothing, or food for payment. If the tow was never reported, point out that unreported tows forfeit fees, and file a complaint with the Attorney General's Consumer Protection Division if you were overcharged.
South Dakota towing rules at a glance
| Non-consent tow fee cap | No β No statewide dollar caps on tow or storage fees; the possessory lien on a vehicle's contents is limited to $500 (SDCL 32-30-18). |
| Drop fee (truck still on scene) | Unclear / not verified |
| Kickback ban | Unclear / not verified |
| Warning signage required | Unclear / not verified β No statewide signage requirement for private-property tow zones was identified in SDCL ch. 32-30. |
| Notice requirement | A removal agency towing an unattended vehicle without written authorization must report the tow to the vehicle owner, or to the sheriff or police chief, within 24 hours (SDCL 32-30-3.1). |
| Personal property retrieval | Unclear / not verified |
| Credit cards must be accepted | Unclear / not verified |
| Right to challenge the tow | Unclear / not verified β No dedicated statutory tow-hearing process was identified; disputes generally go through small claims court or the Attorney General's consumer protection office. |
| Hold period before sale | unclear |
How to get your car back in South Dakota
- Call the county sheriff or city police non-emergency line; towed vehicles must be reported to them within 24 hours.
- Ask whether the removal agency filed the required report β if it did not, it is not entitled to collect fees (SDCL 32-30-3.2).
- Bring ID and proof of ownership to the storage lot and retrieve tools of your trade, clothing, and food, which are exempt from the tower's lien.
- Pay the charges and get an itemized receipt; the lien on your car's other contents is capped at $500.
- If you believe you were overcharged or towed improperly, file a complaint with the South Dakota Attorney General's Consumer Protection Division.
Where to complain about an illegal tow
South Dakota Attorney General, Consumer Protection Division handles towing complaints in South Dakota. Keep your receipt, photos of any signage (or lack of it), and notes on dates and times β they decide most fee disputes.
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