Lost, Abandoned, and Unclaimed Personal Property

• Author: Richard Leiter
• Pages: 575-601

Page 575

Inevitably, each of us will be either the finder or loser of personal property. Whether at a park, on a bus, in a hotel or at a sporting event, the loss may be traumatic, but looking for the lost article may be merely the beginning of the drama of recovery. If you can’t find the thing you are looking for, to whom do you turn for help? Likewise, should you be the finder of property, what are your responsibilities to locate the unfortunate person who lost it? How long must you wait before you can legally claim the property as your own? Moreover, are your responsibilities the same whether you find cash or a pet?

The tables that follow address only a fraction of these issues. A comprehensive treatment of all the issues surrounding lost, found or abandoned property can easily fill its own book. Topics not treated here are those concerning many financial matters, such as interest owed on closed bank deposits or notices of stock dividends to stockholders whose addresses have changed or who have died or otherwise changed their legal status, or the many ways in which automobiles may be abandoned such as in parking garages, repair shops, or on the sides of highways. This chapter also does not treat the issue of lost livestock, as the rules concerning livestock are astonishingly complex and varied. These tables address representative topics that will answer some of the more interesting and more common questions that arise in the field.

The chart addresses whether the state has formally adopted the Uniform Unclaimed Property Act (UUPA). One of the ironies of the UUPA is that despite the word “uniform” in its title, adoption of it in the various states is anything but “uniform.” One of the features of the “uniform” acts movement is that each state that adopts a uniform act is free to modify it as much as it sees fit. As a result, for many uniform acts, there are as many variations as there are states. The UUPA is no exception. To date, 40 states have adopted some version of the UUPA, but even states that have not adopted it have adopted something very similar. Common areas of coverage under the UUPA include rules for disposing of abandoned gift certificates, gift cards, traveler’s checks, wages, insurance proceeds, utility refunds, etc. For purposes of this chapter, only the fact of a state’s adoption of the UUPA is noted.

Page 576

Table 39: Lost, Abandoned, and Unclaimed Personal Property
Finder Responsibilities		Abandoned		Tenant Property	Miscellaneous	Uniform Unclaimed Property Act.
Criminal Penalties	Cash/Valuables	Museum Property	Hotel Property
ALABAMA
§13A-8-6; §13A-8-9 Misdemeanor theft if takes lost, mislaid or misdelivered property and does not make reasonable efforts to restore it to rightful owner	§§ 35-12-1 to 35-2-5 Finder is depositary for hire. Finder may sell only if perishable or lawful charges amount to 2/3 of value		§ 34-15-13 Innkeeper not liable for any loss whatsoever if property was not delivered into innkeeper’s custody	§§ 35-12A-1 to 35-12A-15 Landlord must store property and give 45 days notice before selling or disposing. If FMV is less than $750 then owner may dispose rather than sell	§ 35-12-6 Vehicles and equipment, laundry and dry cleaning—1 year; appliances—3 months; all others—6 months; all disposed of after 10 days notice by mail, advertisement, or posting at courthouse § 34-29-86 Animals left at vet abandoned after 10 days notice to owner 4-2A-21 Found at airport. Finder delivers to airport. Held for 45 days then to finder; if unclaimed then to airport or sold	Yes §§ 35-12-70 to 35-12-96
ALASKA
§ 11.46.100; § 11.46.160 Theft if takes lost, mislaid or misdelivered property and does not make reasonable efforts to restore it to rightful owner with intent to deprive owner of property. Reasonable measures include notifying the identified owner or peace officer	§ 12.36.045 Lost property delivered to police vests in finder 1 year after delivery or in agency if finder cannot be found	§ 14.57.200 Title acquired after 7 years, notice or publication given, and 45 days § 14.57.210 Undocumented property acquired after 7 years plus 4 weeks notice plus 45 days	§ 08.56.060 Baggage left behind or sent in advance. Hotel may hold for 4 months and then may sell it or deliver it to storage	§ 34.03.260 Landlord must give tenant 15 days notice before selling or disposing. If claimed after 15 days but before disposal tenant must pay storage costs	§§ 45.50.230 to 45.50.235 Abandoned timber property. State can claim after 30 days public notice or 90 days from reporting §§ 03.55.120 to 03.55.130 Animals found by police given to vet. Notice given to owner. Animal may be destroyed if not claimed within 10 days or bond posted	Yes §§ 34.45.110 to 34.45.780

Page 577

Finder Responsibilities		Abandoned		Tenant Property	Miscellaneous	Uniform Unclaimed Property Act.
Criminal Penalties	Cash/Valuables	Museum Property	Hotel Property
ARIZONA
§ 13-1802 Felony or misdemeanor theft if takes lost or mislaid property and failure to make reasonable efforts to notify the true owner		§§ 44-351 to 44-356 Terminated or 7+ year expired loan vests in museum after 30 days notice and 2 weeks published notice Undocumented property acquired after 7 years, 2 weeks published notice, 65 days, 2 more weeks published notice	§ 33-302 Innkeeper not liable for lost articles not delivered into their custody	§ 33-1370 Landlord may sell property after 5 days mailed and posted notice and 10 days; proceeds to tenant; de minimus may be destroyed	§ 28-8243 Aircraft. May sell at auction after 60 days abandonment, mailed or published notice of intent to sell, and 15 days §§ 12-941 to 12-946 Held by public officer. Vests in finder after 90 days if tangible property, or if sold, notice or 18 days published notice to owner is required. If money then to state	Yes §§ 44-301 to 44-339
ARKANSAS
§ 5-36-105 Felony or misdemeanor theft if takes lost or mislaid property known to have been lost, mislaid or misdelivered with intent to deprive true owner and fail to take reasonable measures to restore property to owner		§ 13-5-1004 Expired or 10+ year old loan vests in museum after 90 days notice by mail or publication. Undocumented property vests after 7+ years and 4 weeks published notice	§ 20-26-302 Innkeeper not liable for lost property not delivered into their custody unless loss due to innkeeper negligence	§ 18-16-108 Abandoned if left by tenant after voluntary or involuntary termination of the lease. Lessor may dispose as he sees fit without recourse by lessee	§ 18-28-403 Mineral proceeds unclaimed for 5 years are deemed abandoned and are distributed under the UUPA § 18-28-101 Dry cleaning and audio/video equipment—6 months. Owner may sell and retain proceeds	Yes §§ 18-28-201 to 18-28-230

Page 578

Finder Responsibilities		Abandoned		Tenant Property	Miscellaneous	Uniform Unclaimed Property Act.
Criminal Penalties	Cash/Valuables	Museum Property	Hotel Property
CALIFORNIA
Pen Code § 485 Grand theft or petty theft if takes lost property and does not make reasonable efforts to restore it to rightful owner	Civ Code §§ 2080.1 to 2080.5 $100+ finder takes to police. If $250+ and not reclaimed in 90 days then notice is published. If not claimed after 7 days notice it goes to finder. If less than $250 then to finder after 90 days; police may sell if perishable or lawful charges amount to 2/3 of value	Civ Code § 1899.11 Loans unclaimed for 7 years are disposed under UUPA. Notice must be given to owner 6 to 12 months before disposal	Civ Code §§ 2081.1 to 2081.6 Property received but not delivered to owner is held for 60 days before public sale	Civ Code §§ 1980 to 1992 15 day notice required to tenant. Property sold at public sale or if less than $300 owner may keep or dispose	Civ Code § 1862.5 Property unclaimed 180 days after discharge from hospital may be sold Civ Code §§ 2081.1 to 2081.6 Common carriers. Held 60 days before sale Civ Code § 1834.5 Pets at vet abandoned after 14 days; destroyed after 10 days Civ Code 2080 Finder of lost animal to provide care and within reasonable time inform owner	Yes Civ Code §§ 1500 to 1527
COLORADO
			§ 12-44-107 Innkeeper not liable for lost property not delivered into their custody except for articles lost in rooms; liability limited to $200		§ 24-35-212 Lottery prizes are unclaimed after 180 days and remain in lottery fund § 7-30-109 Personal property of inactive non-profit association disposed after 3 years of inactivity § 38-20-116 Molds abandoned after 3 years and notice given to customer §§ 42-13-101 to 42-13-109 Property acquired by law enforcement if unclaimed after 6 months is sold at public auction	Yes §§ 38-13-101 to 38-13-134

Page 579

Finder Responsibilities		Abandoned		Tenant Property	Miscellaneous	Uniform Unclaimed Property Act.
Criminal Penalties	Cash/Valuables	Museum Property	Hotel Property
* § 50-9: §§ 50-10 to 50-14 only apply if the municipality has adopted it by ordinance
CONNECTICUT
§ 50-10* Failure to deliver found property to police is up to $100 fine or up to 30 days imprisonment or both § 53a-119 Theft if takes lost, mislaid or misdelivered property and efforts not made to restore it to rightful owner	§§ 50-10 to 50 14* $1+ report to police within 48 hours; deliver to police within 1 week; goods held for 6 months unless perishable; given to finder after 6 months or sold if not claimed by finder		§§ 44-1 to 44-2 Innkeeper not liable for lost articles not delivered into their custody unless loss caused by innkeeper negligence	§ 47a-1lb Landlord to keep personal property for 30+ days before disposing	§ 50-3 Common carrier. Sold after 6 months and 4 weeks notice §§ 50-1 to 50-2 Goods left with a person. Sold after 6 months and 1 month notice § 53-215 Abandoned refrigerator. Up to $100 fine or up to 30 days imprisonment or both for each day in violation	No (§§ 3-56 to 3-76 are similar)
DELAWARE
11 Del C §§ 841 to 842 Theft if takes lost, mislaid or misdelivered property with intent to deprive owner of property and

...