Unclaimed Property Ordinance

Click here for original

 

ORDINANCE ESTABLISHING PROCEDURE FOR DISPOSING OF UNCLAIMED AND ABANDONED PERSONAL PROPERTY IN THE POSSESSION OF THE
RANKIN COUNTY SHERIFF'S DEPARTMENT FOR MORE THAN SIX (6) MONTHS

WHEREAS, from time to time the Rankin County Sheriff's Department has in its custody items of lost, stolen, abandoned and misplaced personal property which have come under its control and possession in the course of law enforcement activities of the Sheriff and his deputies; and

WHEREAS, when such an item of personal property comes into the custody of the Sheriff's Department, a procedure is implemented to attempt to locate the owner(s) of such personal property; and

WHEREAS, from time to time, the Rankin County Sheriff's Department is unable to locate or find the owner(s) of such personal property; and

WHEREAS, continued holding of such personal property beyond six (6) months after it has come into the control and possession of the Rankin County Sheriff's Department creates an undue administrative burden and expense to store and monitor such items;

WHEREAS, the laws of the State of Mississippi make no provision for disposition of lost, stolen, abandoned or misplaced personal property held by county law enforcement authorities;

WHEREAS, the Sheriff's Department is desirous of establishing a procedure for disposing of unclaimed and abandoned personal property which has been in their possession for a period of more than six (6) months;

THEREFORE, BE IT RESOLVED AND ORDAINED, by the Board of Supervisors of Rankin County, Mississippi, that this ordinance shall govern the disposition of all unclaimed and abandoned personal property in the possession and control of the Rankin County Sheriff's Department for a period of time of more than six (6) months:

1. The purpose of this Ordinance is to provide a means for the disposing of unclaimed and abandoned personal property which has been in the possession and control of the Rankin County Sheriff's Department for a period of six (6) months or more;
   
2. The Rankin County Sheriff's Department shall post in three (3) public places within Rankin County notice that such personal property is in its possession. The notice shall contain an accurate and detailed description of such property. One of the notices shall be posted in the Rankin County Courthouse.
   
3. Any person who makes a claim on an item of personal property shall file a claim with the Sheriff's Department. Upon presentation of satisfactory proof of ownership to the Sheriff's Department, the Sheriff is authorized to release the property to the owner. The Sheriff is entitled to set any terms or conditions for release including posting of a bond.
   
4. If no person shall have claimed the property within fifteen (15) days from the date of the notice posted, the Sheriff 's Department is authorized to cause the same to be sold to the highest bidder (a) at a public auction approved by the Rankin County Board of Supervisors, or (b) at a public sale conducted at the Courthouse in the same manner for the sale of personal property under execution (Sections 13-3-165 and 13-3-169, Miss. Code Ann. (1994 Supp.).
   
5. If no claim has been made for the personal property, the Rankin County Sheriff's Department will, then, give notice of intent to the sale of personal property as set out above by posting the notice in three (3) public places within Rankin County at least ten (10) days preceding the date of such sale. Such notice shall also contain a detailed and accurate description of the property to be sold. The notice shall set forth the date, time and place the sale is to be conducted and shall designate the person who is to make the sale.
   
6. The person or officer making the sale of such personal property shall promptly upon completion of the sale deliver to the Clerk of the Board of Supervisors a copy of the notice of the sale, a list of the property sold, the amount paid for each item, the person to whom each item was sold and all monies received from such sale. The Clerk shall then hold the proceeds for ninety (90) days subject to the claim of any person asserting ownership of the person property sold.
   
7. Following the sale, the Rankin County Sheriff's Department will publish and post in at least three public places within Rankin County a notice that unclaimed and abandoned personal property has been sold together with an accurate and detailed description of such property.
8. For a period of ninety (90) days after the notice of sale any person who claims to be an owner of such property shall upon satisfactory proof of ownership be paid the amount for which the property sold.
9. Following the expiration of the ninety (90) days, if no claim shall be made and no action shall be maintained against Rankin County, the Board of Supervisors of Rankin County, the Rankin County Sheriff's Department or any of their respective officers or employees or the purchaser of any such property sold for such property or proceeds from the sale of such property.

SO ORDERED AND ORDAINED by the Rankin County Board of Supervisors on the ______ day of _____________________, 1996.

                                                            BY:     ____________________________________
President
Rankin County Board of Supervisors

 

 

_____________________________________
Clerk of Board of Supervisors