Is it time to clean out your Police Department’s property room? 11 O.S. §34-104 provides for the disposition of unclaimed personal property, money, and legal tender. It allows Chiefs of Police to dispose of property, money and legal tender if the owner is unknown or has not claimed it, if it has been in the custody of the Chief for at least ninety (90) days, and it is no longer needed as evidence or for any other purpose in connection with litigation. The process for disposing of personal property is set forth in Subsection B and provides as follows:
The chief of police shall file an application in the district court in which the situs of government of the municipality is located requesting the authority of the court to conduct a sale of the personal property which has a fair market value of more than its face value. The chief of police shall attach to the application a list describing the property including any identifying numbers and marks, the date the property came into the possession of the chief of police, and the name of the owner and the person in last possession, if different, and the address of the person, if known. The court shall set the application for hearing not less than ten (10) days nor more than twenty (20) days after filing of the application.
If the property has an actual or apparent value of more than $250.00, then written notice must be sent to the owner at the address listed in the application at least ten (10) days in advance of the hearing. If the property has an actual or apparent value of more than $500.00 and written notice cannot be sent to the owner, it must be published in a newspaper of general circulation, as well as posted where municipal notices are posted and two other public places in the municipality. The notice must contain a brief description of the property and the place and date of the hearing.
If an owner does not appear at the hearing, the Court may enter an order authorizing the donation of property if it has a value of less than $500.00, sale to the highest bidder after five (5) days’ notice of the sale, transfer for sale by internet or other electronic means, or any other appropriate means such as destruction. Importantly, a return of donation or sale must be made by the Chief and the Court must order vesting of the title to the property in the recipient or purchaser. The proceeds of the sale, less court costs and other expenses must be placed in the general fund.
The process for disposition of money or legal tender is similar to that of personal property except that the application must provide for deposit into the general fund. Notice provisions are set forth in Subsections B and E of the statute. Disposition of dangerous or deadly weapons may be handled through an application to the Court and the order must provide for destruction, sale or disposition.
Disposition of property in ways that are consistent with the provision of state statutes is important to avoid municipal liability.