MISSISSIPPI LEGISLATURE

1999 Regular Session

To: Municipalities; County Affairs

By: Representative Endt

AN ACT TO AMEND SECTION 21-39-21, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE GOVERNING AUTHORITIES OF ANY MUNICIPALITY TO DONATE ANY LOST, STOLEN, ABANDONED OR MISPLACED PERSONAL PROPERTY TO ANY ORPHANAGE OR CHILDREN'S HOME LOCATED IN THE STATE; TO AUTHORIZE THE GOVERNING AUTHORITIES OF ANY COUNTY TO DONATE ANY LOST, STOLEN, ABANDONED OR MISPLACED PERSONAL PROPERTY TO ANY ORPHANAGE OR CHILDREN'S HOME LOCATED IN THE STATE; 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 the property has been received or recovered. The notice shall contain an accurate and detailed description of the property and, if the governing authorities are advised as to who owns the property, a copy of the notice shall be mailed to the person or persons in addition to being posted as * * * required in this section. The owner of the 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 the property to him. Parties having adverse claims to the 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 may cause the same to be sold at public auction to the highest bidder for cash, or the governing authorities may donate the property to any orphanage or children's home located in the state. If the governing authorities choose to sell the property, then before the property may be sold, the notice of the sale shall be posted in three (3) public places in the municipality at least ten (10) days preceding the date of the sale. The notice shall contain a detailed and accurate description of the property to be sold and shall be addressed to the unknown owners or other persons interested in the property to be sold. The notice also 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, which person shall be some official designated by the governing authorities of the municipality.

However, lost, stolen, abandoned or misplaced motor vehicles and bicycles may be sold 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, or the governing authorities may donate the property to any orphanage or children's home located in the state.

The person or officer designated and making the sale of the 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 moneys received from the sale, whereupon, the clerk shall deposit the moneys in the general fund of the municipality and shall file the information concerning the sale among the other records of his office. If the property has been donated, the person or officer designated and making the donation shall promptly upon completion of the donation deliver to the clerk of the municipality a list of the property donated and shall list the entity to which the property was donated and the clerk shall file the information among the other records of his office.

If, within ninety (90) days after date of the sale provided for above, any person claims to be the owner of the property sold, the governing authorities shall, upon satisfactory proof of ownership, pay to that person the amount for which the property was sold, and the governing authorities of the municipality may require of the 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 * * * authorized in this section.

If, within ninety (90) days after the date of the donation provided for above, any person claims to be the owner of the property donated, the governing authorities, upon satisfactory proof of ownership, shall return the property to that person or if the entity to which the property has been donated has sold the property, the governing authorities shall pay to that person the amount for which the property was sold, and the governing authorities of the municipality may require of the 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 entity to which the property was donated or if the property has been sold by the entity, no action shall be maintained against the purchaser to whom the property was sold or against the proceeds from the sale after the expiration of ninety (90) days from the date of the donation as authorized in this section.

SECTION 2. The governing authorities of any county, upon the receipt or recovery of any lost, stolen, abandoned or misplaced personal property by the sheriff or other officers of the county, shall cause to be posted, in three (3) public places in the county, notice that the property has been received or recovered. The notice shall contain an accurate and detailed description of the property and, if the governing authorities are advised as to who owns the property, a copy of the notice shall be mailed to the person or persons in addition to being posted as required in this section. The owner of the property may recover the same by filing a claim with the governing authorities of the county and establishing his right to the property. The governing authorities may require bond of the person claiming the property before delivering the property to him. Parties having adverse claims to the 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 county may donate the property to any orphanage or children's home located in the state.

Except as provided in Section 63-23-5, lost, stolen, abandoned or misplaced motor vehicles and bicycles may be donated by the governing authorities to any orphanage or children's home located in the state after the expiration of ninety (90) days from their receipt or recovery by the officers of a county.

The person or officer designated and making the donation shall promptly upon completion of the donation deliver to the clerk of the county a list of the property donated and shall list the entity to which the property was donated, and the clerk shall file the information among the other records of his office.

If, within ninety (90) days after the date of the donation provided for above, any person claims to be the owner of the property donated, the governing authorities, upon satisfactory proof of ownership, shall return the property to that person or if the entity to which the property has been donated has sold the property, the governing authorities shall pay to that person the amount for which the property was sold, and the governing authorities of the county may require of the person a bond in such cases as they may deem advisable. No action shall be maintained against a county or any of its officers or employees or the entity to which the property was donated or if the property has been sold by the entity, no action shall be maintained against the purchaser to whom the property was sold or against the proceeds from the sale after the expiration of ninety (90) days from the date of the donation as authorized in this section.

SECTION 3. This act shall take effect and be in force from and after July 1, 1999.