15.2-1719 - Disposal of unclaimed property in possession of sheriff or police.
§ 15.2-1719. Disposal of unclaimed property in possession of sheriff orpolice.
Any locality may provide by ordinance for (i) the public sale in accordancewith the provisions of this section or (ii) the retention for use by thelaw-enforcement agency, of any unclaimed personal property which has been inthe possession of its law-enforcement agencies and unclaimed for a period ofmore than 60 days, after payment of a reasonable storage fee to the sheriffor other agency storing such property. No storage fee shall be charged oraccounted for if such property has been stored by and is to be retained bythe sheriff's office or other law-enforcement agency. As used herein,"unclaimed personal property" shall be any personal property belonging toanother which has been acquired by a law-enforcement officer pursuant to hisduties, which is not needed in any criminal prosecution, which has not beenclaimed by its rightful owner and which the State Treasurer has indicatedwill be declined if remitted under the Uniform Disposition of UnclaimedProperty Act (§ 55-210.1 et seq.). Unclaimed bicycles and mopeds may also bedisposed of in accordance with § 15.2-1720. Unclaimed firearms may also bedisposed of in accordance with § 15.2-1721.
Prior to the sale or retention for use by the law-enforcement agency of anyunclaimed item, the chief of police, sheriff or their duly authorized agentsshall make reasonable attempts to notify the rightful owner of the property,obtain from the attorney for the Commonwealth in writing a statement advisingthat the item is not needed in any criminal prosecution, and cause to bepublished in a newspaper of general circulation in the locality once a weekfor two successive weeks, notice that there will be a public display and saleof unclaimed personal property. Such property, including property selectedfor retention by the law-enforcement agency, shall be described generally inthe notice, together with the date, time and place of the sale and shall bemade available for public viewing at the sale. The chief of police, sheriffor their duly authorized agents shall pay from the proceeds of sale the costsof advertisement, removal, storage, investigation as to ownership and liens,and notice of sale. The balance of the funds shall be held by such officerfor the owner and paid to the owner upon satisfactory proof of ownership. Anyunclaimed item retained for use by the law-enforcement agency shall becomethe property of the locality served by the agency and shall be retained onlyif, in the opinion of the chief law-enforcement officer, there is alegitimate use for the property by the agency and that retention of the itemis a more economical alternative than purchase of a similar or equivalentitem.
If no claim has been made by the owner for the property or proceeds of suchsale within 60 days of the sale, the remaining funds shall be deposited inthe general fund of the locality and the retained property may be placed intouse by the law-enforcement agency. Any such owner shall be entitled to applyto the locality within three years from the date of the sale and, if timelyapplication is made therefor and satisfactory proof of ownership of the fundsor property is made, the locality shall pay the remaining proceeds of thesale or return the property to the owner without interest or other charges orcompensation. No claim shall be made nor any suit, action or proceeding beinstituted for the recovery of such funds or property after three years fromthe date of the sale.
(1982, c. 163, § 15.1-133.01; 1994, c. 144; 1997, c. 587; 2010, c. 333.)