§171-31.5  Disposition of abandoned orseized property.  (a)  The department may sell, donate, or otherwisedispose of property abandoned or seized on land owned by the State uponcompliance with the requirements of this section.

(b)  The department shall send notice bycertified mail, at least thirty days prior to disposition of the abandoned orseized property, to the address of the owner of the property abandoned orseized if the owner is known or can be determined.  The notice shall apprisethe owner of the identity and location of the property abandoned or seized andof the intent of the department to sell, donate, or otherwise dispose of theproperty.  Where the identity or the address of the owner is unknown or cannotbe determined, the notice shall be posted on the premises where the propertywas abandoned or seized.

(c)  If the abandoned or seized property has anestimated value of $1,000 or more, the department shall also give public noticeof the disposition at least once either statewide or in a publication of localcirculation where the property was abandoned or seized; provided that thedisposition shall not take place less than five days after the notice of intentto dispose of the property.

(d)  The sale of abandoned or seized propertyhaving an estimated value of $1,000 or more shall be by public auction throughoral tenders in the county where the property was abandoned or seized.  Whereno bid is received, the property may be sold by negotiation, disposed of orsold as junk, kept by the department, or donated to any other government agencyor a charitable organization.

(e)  Any person entitled to the abandoned orseized property may repossess the property prior to its disposition upon proofof entitlement and payment of all unpaid rent, debts, charges, and fines owingand all handling, storage, appraisal, advertising, and any other expensesincurred in connection with the proposed disposition of the abandoned or seizedproperty.

(f)  The requirement of public notice andpublic auction pursuant to subsections (c) and (d) shall not apply when thevalue of the abandoned or seized property is less than $1,000.  In that event,the property may be sold by negotiation, disposed of or sold as junk, kept bythe department, or donated to any other government agency or a charitableorganization.

(g)  The proceeds of the sale of abandoned orseized property, after deduction of all charges and fines and all expenses ofhandling, storage, appraisal, advertising, and other sale expenses, shall befirst offset against any amounts owed by the owner to the State.  Any amountremaining shall be held in trust for the owner of the property for thirty days,after which time the proceeds shall be paid into the department's appropriatespecial fund or to the general fund if no special fund exists.

(h)  The remedies available to the owner ofabandoned or seized property are limited to those provided in subsections (e)and (g) of this section.  The State, its officers, employees, and agents shallnot be liable to the owner of abandoned or seized property because of anydisposition of the property made pursuant to this section.

(i)  For purposes of this section,"department" includes the department of land and natural resourcesand any other state department or agency that manages land owned or controlledby the State. [L 1986, c 184, §1; am L 1998, c 2, §§35, 36; am L 2001, c 63,§1; am L 2002, c 16, §6]

 

Case Notes

 

  Where plaintiffs alleged that defendants violated theirconstitutional rights to due process by depriving them of their dwellingwithout constitutionally adequate process, and relied almost entirely on theirassertion that defendants violated this section in support of their argumentthat they received inadequate process, plaintiffs’ reliance on this section wasmisplaced.  832 F. Supp. 1399.