Sec. 3-62b. Property held by federal court or agency presumed abandoned, when.
Sec. 3-62b. Property held by federal court or agency presumed abandoned,
when. All property within the provisions of subdivisions (1), (2), (3), (4) and (5) of this
section are declared to have escheated, or to escheat, including all principal and interest
accruing thereon, and to be the property of the state.
(1) All money or other property which has remained in, or has been deposited in
the custody of, or under the control of, any court of the United States, in and for any
district within this state, or which has been deposited with and is in the custody of any
depository, registry, clerk or other officer of such court, or the United States Treasury,
the rightful owner or owners of which either: (A) Have been unknown for a period of
five or more consecutive years; or (B) have died, without having disposed thereof, and
without having left heirs, next of kin or distributees; or (C) have made no demand for
such money or other property for five years; is declared to have escheated, or to escheat,
together with all interest thereon, and to be the property of the state.
(2) After October 1, 1969, all money or other property which has remained in, or
has been deposited in the custody of, or under the control of, any court of the United
States, in and for any district within this state, for a period of four years, the rightful
owner or owners of which, either: (A) Have been unknown for a period of four years;
or (B) have died without having disposed thereof, and without having left heirs, next
of kin or distributees; or (C) have failed within four years to demand the payment or
delivery of such funds or other property; is declared to have escheated, or to escheat,
together with all interest accrued thereon, and to be the property of the state.
(3) All money or other property which has remained in, or has been deposited in
the custody of, or under the control of any officer, department or agency of the United
States for five or more consecutive years, which money or other property had its situs
or source in this state, except as hereinafter provided in subdivision (4) of this section,
the sender of which is unknown, or who sent the money or other property for an unknown
purpose, or money which is credited as "unknown", and which such government office,
department or agency is unable to credit to any particular account, or the sender of which
has been unknown for a period of five or more consecutive years, or, if known, has died
without having disposed thereof, and without leaving heirs, next of kin or distributees,
or which for any reason is unclaimed from such governmental agency, is declared to
have escheated, or to escheat, together with all interest accrued thereon, and to be the
property of the state.
(4) If any money is due to any resident of this state as a refund, rebate or tax rebate
from the United States Commissioner of Internal Revenue, the United States Treasurer
or any other federal agency or department and the rights of such resident to apply for
and secure such refund or rebate will or may be barred by any statute of limitations or,
in any event, if such resident has failed to apply for such refund or rebate for a period
of one year after he could have so applied, the State Treasurer is appointed agent of
such resident to apply for such refund or rebate, and may do any act which a natural
person could do to recover such money, and when the Treasurer files such application
or institutes any other proceeding to secure such refund or rebate, his agency is coupled
with an interest in the money sought and money recovered.
(5) Sections 3-62b to 3-62g, inclusive, are applicable to all funds or other property
in the possession of the government of the United States, and of its departments, officers
and agencies, which property has its situs in this state or which belonged or belongs to
a resident of this state or which belonged or belongs to a person whose last-known
address was within this state, and is not limited to any named federal agency. Said
sections are applicable to all funds held in the Veterans' Administration, Comptroller
of Currency, United States Treasury, Department of Internal Revenue, Post Office Department, federal courts and registry of federal courts, and to such evidences of indebtedness as adjusted service bonds, matured debts issued prior to 1917, together with interest
thereon, postal savings bonds, liberty bonds, victory notes, Treasury bonds, Treasury
notes, certificates of indebtedness, Treasury bills, Treasurer's savings certificates, bonuses and adjusted compensation, allotments, postal savings certificates, Farmers Home
Administration notes, and all unclaimed refunds or rebates of whatever kind or nature,
which are subjects of escheat, under the terms of said sections; provided nothing in said
sections shall be construed to mean that any funds held or controlled by the United
States on October 1, 1969, under order of any court of the United States shall become
property of the state.
(1969, P.A. 94, S. 1.)