77-11d-105. Disposition of unclaimed property.

603 words·~3 min read·/ut/title-77/chapter-11d/77-11d-105

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/7/2025

(a)Except as provided in Subsection

(6), if the owner of any lost or mislaid property cannot be determined or notified, or if the owner of the property is determined and notified, and fails to appear and claim the property after three months of the property's receipt by the local law enforcement agency, the agency shall:

(i)publish notice of the intent to dispose of the unclaimed property on Utah's Public Legal Notice Website established in Subsection 45-1-101(2)(b) ;

(ii)post a similar notice on the public website of the political subdivision within which the law enforcement agency is located; and

(iii)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 lost or mislaid property until at least eight days after the date of publication and posting.

(a)If no claim is made for the lost or mislaid 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 77-11d-103 .

(b)Except as provided in Subsection

(4), if that person has complied with the provisions of this chapter, the person may take the lost or mislaid property if the person:

(i)pays the costs incurred for advertising and storage; and

(ii)signs a receipt for the item.

(3)If the person who found the lost or mislaid property fails to take the property under the provisions of this chapter, the agency shall:

(a)apply the property to a public interest use as provided in Subsection

(4);

(b)sell the property at public auction and apply the proceeds of the sale to a public interest use; or

(c)destroy the property if it is unfit for a public interest use or sale.

(a)Before applying the lost or mislaid property to a public interest use, the agency having possession of the property shall obtain from the agency's legislative body:

(i)permission to apply the property to a public interest use; and

(ii)the designation and approval of the public interest use of the property.

(b)If the agency is a private law enforcement agency as defined in Subsection 53-19-102(4) , the agency may apply the lost or mislaid property to a public interest use as provided in Subsection (4)(a) after obtaining the permission, designation, and approval of the legislative body of the municipality in which the agency is located.

(5)Any person employed by a law enforcement agency who finds property may not claim or receive property under this section.

(a)If the lost or mislaid property is a firearm or other dangerous weapon received by a law enforcement agency under Subsection 76-11-218(7) , the law enforcement agency may dispose of the firearm or other dangerous weapon three months after the property's receipt by the law enforcement agency if the owner of the firearm or other dangerous weapon, or the owner's agent:

(i)fails to retrieve the firearm or other dangerous weapon; or

(ii)is legally prohibited from possessing the firearm or other dangerous weapon.

(b)A law enforcement agency may dispose of a firearm under Subsection (6)(a) by following the procedures described in Section 77-11a-403 , disposition of firearms no longer needed as evidence.

Amended by Chapter 173 , 2025 General Session

Amended by Chapter 208 , 2025 General Session