44-312. Public sale of abandoned property
A. Except as otherwise provided in this section, within three years after
receiving abandoned property the department shall sell the property to the highest bidder
at a public sale at a location in this state that in the judgment of the department
affords the most favorable market for the property. The department may decline the
highest bid and reoffer the property for sale if the department considers the bid to be
insufficient. The department is not required to offer the property for sale if the
department determines that the probable cost of the sale will exceed the proceeds from
the sale. Before conducting a sale pursuant to this section, the department shall cause a
notice to be published at least three weeks before the sale in a newspaper of general
circulation in the county in which the sale will occur.
B. The department shall sell securities that are listed on an established stock
exchange at prices prevailing on the exchange at the time of the sale. The department may
sell other securities over the counter at prices prevailing at the time of the sale or by
any reasonable method selected by the department.
C. A person who makes a claim pursuant to this chapter for securities is entitled
to receive from the department the securities that the holder delivered to the department
if the securities remain in the department's custody or the person is entitled to receive
the net proceeds of the sale. Except in a case of intentional misconduct or malfeasance
by the department, the person is not entitled to receive any appreciation in the value of
the property that occurred after the delivery to the department.
D. A purchaser of property at a sale conducted by the department pursuant to this
chapter takes the property free of all claims of the owner or previous holder and of all
persons claiming through or under the owner or previous holder. The department shall
execute all documents necessary to complete the transfer of ownership.
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