72-10-216. Lost or mislaid property -- Airports.
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Effective 5/6/2026
72-10-216. Lost or mislaid property -- Airports.
(1)As used in this section:
(a)"Interest holder" means the same as that term is defined in Section 77-11a-101 .
(i)"Lost or mislaid property" means personal property that comes into the possession of an airport operator by an airport operator's employee or law enforcement officer on duty at an airport:
(A)that is not claimed by the identified owner of the property before the airport operator receiving the property; or
(B)for which no owner or interest holder claims the property after the airport operator has given a reasonable opportunity for the property owner to claim the property.
(ii)"Lost or mislaid property" includes money.
(iii)"Lost or mislaid property" does not include:
(A)property that contains or is a firearm or other dangerous weapon;
(B)property or contraband seized by law enforcement as part of a criminal investigation or proceeding;
(C)hazardous waste or materials;
(D)property that is unsanitary or otherwise a threat to the health and safety of an airport operator's personnel;
(E)an abandoned vehicle as described in Section 41-6a-1408 ; or
(F)property abandoned on a commercial airline, unless the airline and airport operator have a written agreement that allows the airport operator to accept and hold the property.
(c)"Money" means coins or currency of the United States or of another country, travelers checks, personal checks, bank checks, money orders, and investment securities or negotiable instruments in bearer form or in another form so that title passes upon delivery.
(d)"Owner" means an individual or entity, other than an interest holder, who possesses a legal or equitable interest in lost or mislaid property that has been left at an airport.
(e)"Public interest use" means the same as that term is defined in Section 77-11d-101 .
(2)This section applies only to an airport and an airport operator that is required by the Federal Aviation Administration by 49 C.F.R. Part 1542 to provide law enforcement personnel at the airport as part of a security program as described in 49 C.F.R. Section 1544.101.
(3)An airport operator that receives lost or mislaid property shall make reasonable efforts to locate the property's owner, including posting information about the lost or mislaid property on the airport's website.
(a)If an airport operator's reasonable efforts to locate and notify an owner of lost or mislaid property are unsuccessful or the owner has been located and notified but fails to claim the property in the time specified in Subsection (4)(b) , the airport operator may dispose of the property in accordance with the provisions of this Subsection
(4).
(b)If the airport operator cannot determine the owner of lost or mislaid property or the airport operator cannot directly notify the owner within 30 days after the day on which the airport operator receives the property, or if the airport operator notifies the owner of the property but the owner fails to appear and claim the property 30 days after the day on which the owner is notified of the airport operator's receipt of the property, the airport operator shall publish notice of the intent to dispose of the property on the:
(i)state's public legal notice website as described in Section 45-1-101 ; and
(ii)airport's website.
(c)The notices described in Subsections (4)(b)(i) and
(ii)shall:
(i)give a general description of the property; and
(ii)provide the date of intended disposition.
(d)The airport operator may not dispose of the lost or mislaid property until at least eight days after the day on which notice is published.
(e)If no claim is made for the lost or mislaid property within nine days of publication of the notice, the airport operator may dispose of the property as provided by local ordinance adopted by the political subdivision in which the airport is located.
(f)An ordinance described in Subsection (4)(e) may allow the airport operator to:
(i)sell the property at public auction or through a third-party seller and apply the proceeds to a lawful purpose;
(ii)donate the property to a public interest use;
(iii)destroy the property if the property is unfit for public interest use or sale; or
(iv)if the property is money, apply the money to a lawful purpose.
(g)If the lost or mislaid property is money, an individual claiming the property may only recover the money if the individual can accurately identify:
(i)the general location where the money was likely lost or mislaid;
(ii)the circumstances under which the individual believes the money was separated from the individual; and
(iii)the amount of money lost or mislaid.
(h)If the lost or mislaid property is to be disposed and the property contains money, the airport operator may separate the money from the other property for purposes of disposition.
(i)A government employee may not claim or receive lost or mislaid property found in the course and scope of the employee's duties at the airport unless the employee is the rightful owner of the property.
(a)An airport operator receiving lost or mislaid property shall maintain records documenting all lost or mislaid property received by the airport operator, including information about the disposition of each item.
(b)An airport operator shall retain records created and maintained under Subsection (5)(a) consistent with the retention schedule described in Section 63G-2-604 .
Enacted by Chapter 118 , 2026 General Session