1997 Regular Session
By: Senator(s) Carter
Senate Bill 2153
(As Passed the Senate)
AN ACT TO AMEND SECTION 21-39-21, MISSISSIPPI CODE OF 1972, TO ELIMINATE THE REQUIREMENT THAT MUNICIPAL GOVERNING AUTHORITIES AUCTION LOST, STOLEN, ABANDONED OR MISPLACED PERSONAL PROPERTY AND TO AUTHORIZE SUCH GOVERNING AUTHORITIES TO DISPOSE OF SUCH PROPERTY ON SUCH TERMS AS THEY MAY DIRECT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 21-39-21, Mississippi Code of 1972, is amended as follows:
21-39-21. The governing authorities of any municipality, upon the receipt or recovery of any lost, stolen, abandoned or misplaced personal property by the marshal, police or other officers of such municipality, shall cause to be posted, in three (3) public places in the municipality, notice that such property has been received or recovered. Such notice shall contain an accurate and detailed description of such property and, if the governing authorities are advised as to who owns such property, a copy of such notice shall be mailed to such person or persons in addition to being posted as herein required. The owner of such property may recover the same by filing a claim with the governing authorities of the municipality and establishing his right thereto. The governing authorities may require bond of the person claiming the property before delivering same to him. Parties having adverse claims to such property may proceed according to law as now provided by statutes.
If no person claims the property within one hundred twenty (120) days from the date the notice provided for above is given, the governing authorities of the municipality shall cause the same to be sold, donated, conveyed or destroyed on such terms as the governing authorities direct.
However, lost, stolen, abandoned or misplaced motor vehicles and bicycles may be disposed of in the manner provided in the preceding paragraph after the expiration of ninety (90) days from their receipt or recovery by the officers of a municipality.
If the property is sold pursuant to the provisions of this section, the person or officer * * * making the sale of such property shall promptly upon completion of the sale deliver to the clerk of the municipality a copy of the notice authorizing 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, whereupon, the clerk shall deposit the monies in the general fund of the municipality and shall file the information concerning the sale among the other records of his office. If, within ninety (90) days after date of the sale * * *, any person claims to be the owner of the property sold, the governing authorities shall, upon satisfactory proof of ownership, pay to such person the amount for which such property was sold, and the governing authorities of the municipality may require of such person a bond in such cases as they may deem advisable. No action shall be maintained against a municipality or any of its officers or employees or the purchaser at the sale for any property sold hereunder or the proceeds therefrom after the expiration of ninety (90) days from the date of the sale as herein authorized.
SECTION 2. This act shall take effect and be in force from and after July 1, 1997.