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[Utah Code Table of Contents]
[TITLE 77. Table of Contents]
77-24a-1 Definitions.
As used in this chapter:
(1) "Intangible property" includes:
(a) money, checks, drafts, deposits, interest, dividends, and income;
(b) credit balances, customer overpayments, gift certificates, security deposits, refunds, credit memos, unpaid wages, unused airline tickets, and unidentified remittances;
(c) stocks and other intangible ownership interests in business associations;
(d) money deposited to redeem stocks, bonds, coupons, and other securities or to make distributions;
(e) amounts due and payable under the terms of insurance policies; and
(f) amounts distributable from a trust or custodial fund established under a plan to provide health, welfare, pension, vacation, severance, retirement, death, stock purchase, profit sharing, employee savings, supplemental unemployment insurance, or similar benefits.
(2) "Tangible property" means all property that is not intangible property.
(3) (a) "Unclaimed property" means any property that comes into the possession of a peace officer or law enforcement agency:
(i) that remains unclaimed by any person identifying himself as the owner of the property; or
(ii) for which no owner can be found after a reasonable and diligent search.
(b) "Unclaimed property" includes any property coming into the possession of the law enforcement agency by delivery from persons claiming to have found the property.
(c) "Unclaimed property" does not include property governed
by Title 77, Chapter 24, Disposal of Property Received by
Peace Officer.
2005
77-24a-2 Disposition by police agency.
All unclaimed property coming into the possession of a
peace officer or law enforcement agency shall be turned over
to, held, and disposed of only by the local law enforcement
agency whose authority extends to the area where the item
was found.
1986
77-24a-3 Statement of finder.
A person finding unclaimed property and delivering it
to a local law enforcement agency shall sign a statement
included in a form provided by the agency, stating how the
property came into his possession, including the time, date,
and place, and stating that he does not know who the owner
of the property is, that the property was not to his knowledge
stolen, that his possession of it is not unlawful, and providing
any information he is aware of which could lead to a determination
of the owner. Other information may be requested by the agency
receiving the item, as necessary.
1986
77-24a-4 Locating owner.
The local law enforcement agency shall take reasonable
steps to determine the identity and location of the owner,
and notify him that the property is in custody. The owner
may obtain the property only by making identification of
himself and of the property, and paying any costs incurred
by the agency, including costs for advertising or storage.
1986
77-24a-5 Disposition of unclaimed property.
(1) (a) If the owner of any unclaimed property cannot be determined or notified, or if he is determined and notified, and fails to appear and claim the property after three months of its receipt by the local law enforcement agency, the agency shall:
(i) publish at least one notice of the intent to dispose of the unclaimed property in a newspaper of general circulation within the county; and
(ii) post a similar notice in a public place designated for notice within the law enforcement agency.
(b) The notice shall:
(i) give a general description of the item; and
(ii) the date of intended disposition.
(c) The agency may not dispose of the unclaimed property until at least eight days after the date of publication and posting.
(2) (a) If no claim is made for the unclaimed property within nine days of publication and posting, the agency shall notify the person who turned the property over to the local law enforcement agency, if it was turned over by a person under Section 77-24a-3 .
(b) Except as provided in Subsection (4), if that person has complied with the provisions of this chapter, he may take the unclaimed property if he:
(i) pays the costs incurred for advertising and storage; and
(ii) signs a receipt for the item.
(3) If the person who found the unclaimed property fails to take the property under the provisions of this chapter, the agency shall dispose of that property and any other property that is not claimed under this chapter as provided by Section 77-24-4 .
(4) Any person employed by a law enforcement agency who
finds property may not claim or receive property under this
section.
2005
