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



(b)  The department shall send notice by
certified mail, at least thirty days prior to disposition of the abandoned or
seized property, to the address of the owner of the property abandoned or
seized if the owner is known or can be determined.  The notice shall apprise
the owner of the identity and location of the property abandoned or seized and
of the intent of the department to sell, donate, or otherwise dispose of the
property.  Where the identity or the address of the owner is unknown or cannot
be determined, the notice shall be posted on the premises where the property
was abandoned or seized.



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



(d)  The sale of abandoned or seized property
having an estimated value of $1,000 or more shall be by public auction through
oral tenders in the county where the property was abandoned or seized.  Where
no bid is received, the property may be sold by negotiation, disposed of or
sold as junk, kept by the department, or donated to any other government agency
or a charitable organization.



(e)  Any person entitled to the abandoned or
seized property may repossess the property prior to its disposition upon proof
of entitlement and payment of all unpaid rent, debts, charges, and fines owing
and all handling, storage, appraisal, advertising, and any other expenses
incurred in connection with the proposed disposition of the abandoned or seized
property.



(f)  The requirement of public notice and
public auction pursuant to subsections (c) and (d) shall not apply when the
value 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 by
the department, or donated to any other government agency or a charitable
organization.



(g)  The proceeds of the sale of abandoned or
seized property, after deduction of all charges and fines and all expenses of
handling, storage, appraisal, advertising, and other sale expenses, shall be
first offset against any amounts owed by the owner to the State.  Any amount
remaining 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 appropriate
special fund or to the general fund if no special fund exists.



(h)  The remedies available to the owner of
abandoned or seized property are limited to those provided in subsections (e)
and (g) of this section.  The State, its officers, employees, and agents shall
not be liable to the owner of abandoned or seized property because of any
disposition of the property made pursuant to this section.



(i)  For purposes of this section,
"department" includes the department of land and natural resources
and any other state department or agency that manages land owned or controlled
by 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 their
constitutional rights to due process by depriving them of their dwelling
without constitutionally adequate process, and relied almost entirely on their
assertion that defendants violated this section in support of their argument
that they received inadequate process, plaintiffs’ reliance on this section was
misplaced.  832 F. Supp. 1399.