77-11d - Lost or Mislaid Property

Title 77 > 77-11d

Sections (5)

77-11d-101 - Definitions.

As used in this chapter: 77-11d-101(1) “Interest holder” means the same as that term is defined in Section 77-11a-101. 77-11d-101(2) “Lost or mislaid property”:means any property that comes into the possession of a peace officer or law enforcement agency:that is not claimed by anyone who is identified as the owner of the property; orfor which no owner or interest holder can be found after a reasonable and diligent search;includes any property received by a peace officer or law enforcement agency from a person claiming to have found the property; anddoes not include property seized by a peace officer in accordance with Chapter 11a, Seizure of Property and Contraband.”Lost or mislaid property” includes a firearm or other dangerous weapon received by a law enforcement agency at an airport under Subsection 76-11-218(7). 77-11d-101(3) “Owner” means the same as that term is defined in Section 77-11a-101. 77-11d-101(4) “Public interest use” means:use by a governmental agency as determined by the agency’s legislative body; ordonation to a nonprofit charity registered with the state.

77-11d-102 - Disposition by police agency.

All lost or mislaid 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.

77-11d-103 - Statement of finder of property.

77-11d-103(1) A person who finds lost or mislaid property and delivers it to a local law enforcement agency shall sign a statement included in a form provided by the agency, stating:

the manner in which the property came into the person’s possession, including the time, date, and place; that the person does not know who owns the property; that, to the person’s knowledge, the property was not stolen; that the person’s possession of the property is not unlawful; and any information the person is aware of which could lead to a determination of the owner. 77-11d-103(2) Additional information may be requested by the agency receiving the property, as necessary.

77-11d-104 - Locating owner of property.

77-11d-104(1) The local law enforcement agency shall take reasonable steps to determine the identity and location of the owner, and notify the owner that the property is in custody. 77-11d-104(2) The owner may obtain the property only by providing personal identification, identifying the property, and paying any costs incurred by the agency, including costs for advertising or storage.

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

77-11d-105(1) 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: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);post a similar notice on the public website of the political subdivision within which the law enforcement agency is located; andpost a similar notice in a public place designated for notice within the law enforcement agency.The notice shall:give a general description of the item; andthe date of intended disposition.The agency may not dispose of the lost or mislaid property until at least eight days after the date of publication and posting. 77-11d-105(2) 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.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:pays the costs incurred for advertising and storage; andsigns a receipt for the item. 77-11d-105(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:apply the property to a public interest use as provided in Subsection (4);sell the property at public auction and apply the proceeds of the sale to a public interest use; ordestroy the property if it is unfit for a public interest use or sale. 77-11d-105(4) 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:permission to apply the property to a public interest use; andthe designation and approval of the public interest use of the property.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. 77-11d-105(5) Any person employed by a law enforcement agency who finds property may not claim or receive property under this section. 77-11d-105(6) 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:fails to retrieve the firearm or other dangerous weapon; oris legally prohibited from possessing the firearm or other dangerous weapon.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.