77-24-4 - Disposition of property.
77-24-4. Disposition of property.
(1) As used in this section, "public interest use" includes:
(a) use by a government agency as determined by the legislative body of the agency'sjurisdiction; and
(b) donation to a bona fide charity.
(2) If the property is not claimed by the owner following the notice or attempted noticerequired in Section 77-24-2, or if the owner is unknown and no claim of ownership has beenmade, the agency having possession of the property may:
(a) appropriate the property to public interest use as provided in Subsection (3);
(b) sell the property at public auction, as provided by law and appropriate the proceedsof the sale to public interest use; or
(c) destroy the property if unfit for sale.
(3) Before appropriating the property to public interest use, the agency having possessionof the property shall obtain from the legislative body of its jurisdiction:
(a) permission to appropriate the property to public interest use; and
(b) the designation and approval of the public interest use of the property.
(4) A person claiming ownership of property seized as evidence in a criminal matter maypetition the court for its return. After sufficient notice is given to the prosecutor, the court mayorder that the property be:
(a) returned to the rightful owner as determined by the court;
(b) applied toward restitution, fines, or fees in an amount set by the court;
(c) converted to public interest use; or
(d) destroyed.
(5) Property ordered returned to the rightful owner shall be returned as expeditiously aspossible.
Amended by Chapter 126, 2005 General Session