37-503. Disposition of personal property unlawfully abandoned on state land

A. Except as provided by title 28, chapter 11 and section 37-288.01, the department may dispose of or contract for the disposal of personal property on state land without legal process if the department reasonably determines that the property was deposited by:

1. A person who was trespassing on state trust land.

2. A permittee or lessee of the department who deposited the property while engaging in activities that are not authorized by the permit or lease.

B. If the department reasonably determines that the value of the property is more than the cost of removing it, the department:

1. Shall post on the property a conspicuous notice of pending disposal of the property at least ten days before disposing of the property pursuant to subsection A of this section.

2. May deliver the property to the department of administration for disposal pursuant to title 41, chapter 23, article 8, if the property is not removed within ten days after the department posts the notice pursuant to paragraph 1 of this subsection.

C. If the department reasonably determines that the value of the property is more than the cost of removing it and that the property creates a risk to public health or safety, the department shall promptly take action to reduce the risk posed by the property that may include:

1. Erecting a temporary fence or other barrier around the property.

2. Posting a conspicuous notice on the barrier or property warning of the risk.

3. Immediately removing the property to a secure location, notwithstanding subsection B of this section. If the department considers that removal to a secure location is necessary:

(a) The department shall post a notice in place of the property stating:

(i) The date the property was removed.

(ii) That the department may dispose of the property within ten days after the date of the notice unless the owner redeems the property by paying the department's costs of removing and storing the property.

(iii) The name, street address and telephone number of the department's agent who an owner may contact in response to the notice.

(b) The department is not liable for any loss or damage to the property.

D. Notwithstanding any provision of this section, if the personal property is mechanical equipment bearing a serial number or registration number, the department shall take reasonable efforts to identify any lienholder of record, provide written notice to any identified lienholder of record and refrain from disposal of the property until thirty days after the date of the notice. If the lienholder chooses to recover the property, the lienholder shall reimburse the department the reasonable costs incurred in removing and storing the property, identifying and contacting the lienholder.

E. This section does not limit the department from recovering its costs of removing and disposing of personal property on state land according to the terms of a permit or lease or as otherwise allowed by law.

37-503. Disposition of personal property unlawfully abandoned on state land

A. Except as provided by title 28, chapter 11 and section 37-288.01, the department may dispose of or contract for the disposal of personal property on state land without legal process if the department reasonably determines that the property was deposited by:

1. A person who was trespassing on state trust land.

2. A permittee or lessee of the department who deposited the property while engaging in activities that are not authorized by the permit or lease.

B. If the department reasonably determines that the value of the property is more than the cost of removing it, the department:

1. Shall post on the property a conspicuous notice of pending disposal of the property at least ten days before disposing of the property pursuant to subsection A of this section.

2. May deliver the property to the department of administration for disposal pursuant to title 41, chapter 23, article 8, if the property is not removed within ten days after the department posts the notice pursuant to paragraph 1 of this subsection.

C. If the department reasonably determines that the value of the property is more than the cost of removing it and that the property creates a risk to public health or safety, the department shall promptly take action to reduce the risk posed by the property that may include:

1. Erecting a temporary fence or other barrier around the property.

2. Posting a conspicuous notice on the barrier or property warning of the risk.

3. Immediately removing the property to a secure location, notwithstanding subsection B of this section. If the department considers that removal to a secure location is necessary:

(a) The department shall post a notice in place of the property stating:

(i) The date the property was removed.

(ii) That the department may dispose of the property within ten days after the date of the notice unless the owner redeems the property by paying the department's costs of removing and storing the property.

(iii) The name, street address and telephone number of the department's agent who an owner may contact in response to the notice.

(b) The department is not liable for any loss or damage to the property.

D. Notwithstanding any provision of this section, if the personal property is mechanical equipment bearing a serial number or registration number, the department shall take reasonable efforts to identify any lienholder of record, provide written notice to any identified lienholder of record and refrain from disposal of the property until thirty days after the date of the notice. If the lienholder chooses to recover the property, the lienholder shall reimburse the department the reasonable costs incurred in removing and storing the property, identifying and contacting the lienholder.

E. This section does not limit the department from recovering its costs of removing and disposing of personal property on state land according to the terms of a permit or lease or as otherwise allowed by law.