Note: This summary is not intended to be an all inclusive discussion of abandoned property law, but does include basic provisions. You should check the State Laws for updates.
Title 50 LOST AND UNCLAIMED PROPERTY
Chapter 859 Lost and Unclaimed Property
Disposition of perishable property.
All goods of a perishable nature left with any person, when the
owner is unknown or when the owner neglects to take them away after reasonable
notice, shall be advertised at least one week in a newspaper published
in the county where they were left; and, if not then claimed and taken
away, may be sold at public auction, under the inspection of a state marshal
of such county, and the proceeds of the sale, after deducting the expenses
thereof and the charges for which they may be liable, shall be deposited
with the treasurer of the town where they were left, who shall hold the
same, subject to the provisions of part III of chapter 32. Title 50, Chap.
859, Sec. 50-1.
Disposition of goods not perishable.
All goods not perishable, left with any person or upon any public
wharf or highway, and all goods, other than personal baggage of passengers,
which are left at any railroad station or in any railroad car or carriage,
and whose owner is unknown or neglects to take them away for six months
from the time when they were left, shall be advertised one month in a newspaper
published in the county where such goods were left. If the owner thereof
does not take them away within such month, they may be sold and the proceeds
disposed of in the manner provided in section 50-1. Title 50, Chap. 859,
Sec. 50-2.
Expressmen and common carriers; goods not perishable.
Each person engaged in the express business, and each common carrier,
who has in his possession for six months any unclaimed article not perishable,
may sell it at auction and out of the proceeds retain the charges of transportation
and storage and of advertising and sale. No such sale shall be made until
four weeks after the first publication, in a newspaper published in the
county in which the place is located to which such unclaimed article or
articles are consigned or addressed, of a notice of such sale, containing
a description of such articles and the name of the person to whom directed;
and the expense of advertising shall be a lien upon the articles advertised,
in a ratable proportion according to the amount received for each article.
Such notice shall be published at least twice within said four weeks. No
such article or articles shall be removed or transported from the place
to which consigned until after the expiration of such four weeks. Title
50, Chap. 859, Sec. 50-3.
Disposition of perishable goods.
If such unclaimed article is in its nature perishable, it may be
sold by such person engaged in the express business or as a common carrier,
as soon as its condition makes it necessary and without the notice required
in section 50-3. Title 50, Chap. 859, Sec. 50-4.
Avails to be accounted for. Escheat.
Such person engaged in the express business or as a common carrier
shall make an entry on his books of the balance of the proceeds of such
sales, credited to the person to whom such article was directed, as nearly
as can be ascertained, and, at any time within five years thereafter, shall,
on demand, pay such balance to the owner of such article. If such balance
is not claimed by the owner within ten years, it shall be disposed of in
accordance with the provisions of part III of chapter 32. Title 50, Chap.
859, Sec. 50-5.
Disposition of stray beasts; lost goods.
Restoration to owner if claimed; procedure if unclaimed. Sections
50-6 and 50-7 are repealed, effective October 1, 2000. Title 50, Chap.
859, Secs. 50-6 and 50-7.
Marine vegetable deposits.
No right in any marine vegetable deposit, thrown up by the sea
or by a navigable river, shall be acquired by any person by his gathering
it together upon any public beach, unless he removes it within twenty-four
hours thereafter. Title 50, Chap. 859, Sec. 50-8.
Lost goods; towns may adopt procedure for.
Sections 50-10 to 50- 14, inclusive, shall apply only to a municipality
in which there is a police department and in which the provisions of said
sections have been adopted by ordinance. Any statutory provision inconsistent
with said sections shall not apply to any municipality which adopts the
provisions thereof. Title 50, Chap. 859, Sec. 50-9.
Duties of finder.
Any person who finds and takes possession of any article of the
value of one dollar or more shall report the finding of such article to
the police department of the municipality in which he finds such article
within forty-eight hours from the time of such finding. The finder of such
article shall, at the time of reporting, furnish to the police department
the date, time and place of finding, his name and address and a description
of the article found, and, within a period of one week from such finding,
shall deliver such article to the police department. Any person who violates
or fails to comply with the provisions of this section shall be fined not
more than one hundred dollars or imprisoned not more than thirty days or
both. Title 50, Chap. 859, Sec. 50-10.
Advertising; sale of perishable goods.
The police department shall, commencing within one week from the
date of receipt of any lost article, advertise a general description of
such article once a week for at least two successive weeks in a newspaper
having a circulation in such municipality and shall retain custody of such
article for six months from the date of receipt thereof, unless it is claimed
by the rightful owner within such six months' period. The requirement of
advertising may be omitted when the value or estimated value of the article
is less than two dollars. Perishable or obnoxious property or articles
of a dangerous or harmful nature may be sold or otherwise disposed of as
soon as practicable on the best terms available. Title 50, Chap. 859, Sec.
50-11.
Restoration to owner if claimed.
If the owner of any such article claims it within six months from
the date of receipt by the police department, the article or the proceeds
thereof shall be restored to him upon payment or deduction of all proper
charges. Title 50, Chap. 859, Sec. 50-12.
Procedure if unclaimed.
If no owner claims such article within six months from the receipt
thereof by the police department, the police department shall, within two
weeks thereafter, notify the finder of such fact by registered or certified
mail at his last-known address, and the article or the proceeds thereof
shall be turned over to the finder, upon demand by him within thirty days
from the expiration of the six months' period and upon payment or deduction
of all proper charges; but, if such finder fails to demand such article
or the proceeds thereof or refuses to pay such charges within thirty days
from the expiration of the six months' period, such article or proceeds
shall belong to such municipality. The requirement of notification may
be omitted when the value or estimated value of the article is less than
five dollars. Title 50, Chap. 859, Sec. 50-13.
Disposition after expiration of time for making claim.
The police commissioners of such municipality shall sell at public
auction any articles which it acquires as provided herein after the expiration
of the time for the owner or finder to demand the same and after the time
and place of such sale and a description of the articles to be sold have
been advertised once a week for two successive weeks in a newspaper having
a circulation in such municipality. The net proceeds from such sales and
the unclaimed net proceeds from the sales of perishable or obnoxious property
or articles of a dangerous or harmful nature shall be paid to the treasurer
of such municipality, who shall deposit them in the police benefit fund,
if any, of such municipality. Title 50, Chap. 859, Sec. 50-14.
