[§523A-58]  Petition for determination of
State's right to custody of unclaimed property; venue; service not required. 
(a)  Within one hundred twenty days following the date of publication by the
director, or whenever it appears, after investigation by the director or
otherwise, that there exists or may exist property subject to this part, the
attorney general may take action to recover such property.  Any proceeding by
the attorney general shall be commenced by filing a petition to determine the
State's right to custody of all property mentioned in the report and unclaimed
within the time and in the manner provided by section 523A-56.  The petition
shall name as respondents all persons known to have been interested and
"all persons unknown claiming any title or interest" in or to the
property described or referred to in the petition.  Known owners may be
described as a class when:  (i) they own or claim property of the same nature
and the value of such property as shown on the account of each such owner or
claimant in the records of the United States does not exceed $500 in value, or
(ii) the records of the United States show more than ten such owners or
claimants for a particular fund, item, or category of property, or (iii) the
records of the United States fail to disclose the number of owners or claimants
for a particular fund, item, or category of property with a reasonable degree
of certainty.  If the records of the United States fail to disclose with
reasonable certainty the identity or number of owners or claimants of
particular funds or other personal property, or the extent of their interests
therein, such persons may be designated and described as a class of "all
unknown owners or claimants to the funds or property mentioned in or affected
by" the proceeding, and, as the case may be, the petition shall identify
and set forth the court actions or proceedings to the credit of which such
funds or other property are held, or the accounts or other identifying
references under which they are carried upon the records of the United States. 
The petition shall describe or refer to the property, and may include one or
more items, as the attorney general may be advised, without prejudice to the
right of the attorney general to commence subsequent proceedings relating to
other items not included.  The petition shall also state the name of the owner
and the last address of the owner as known or as presumed under this part, and
shall set forth the facts and circumstances by virtue of which it is claimed
that such funds or property are subject to custody by the State.  When known
owners or claimants are described as a class, the requirements of section
523A-59 must be met.  Any number of respondents may be joined whether they
reside in the same or different counties; and any number of causes of action
may be joined and need not be separately stated.



(b)  The proceeding shall be commenced and
heard in the circuit court of the first circuit of the State and venue shall
not be affected by the provisions of any other statute.



(c)  No summons or other process shall issue to
direct the appearance and answer of a respondent. [L 1988, c 93, pt of §2]