Senate Bill 2184

(As Passed the Senate)

AN ACT TO PROVIDE FOR THE DISPOSITION OF LOST, STOLEN, ABANDONED OR MISPLACED PERSONAL PROPERTY BY THE COUNTY BOARD OF SUPERVISORS; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. The board of supervisors of any county, upon the receipt of recovery of any lost, stolen, abandoned or misplaced personal property by the sheriff, police or other officers of such county, shall cause to be posted, in three (3) public places in the county, notice that such property has been received or recovered. Such notice shall contain an accurate and detailed description of such property and, if the board of supervisors is advised as to whom 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 board of supervisors of the county and establishing his right thereto. The board may require bond of the person claiming the property before delivering same to him. Parties having adverse claims to said 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 board of the county shall cause the same to be sold at public auction to the highest bidder for cash after first posting notice of such sale in three (3) public places in the county at least ten (10) days preceding the date of such 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 shall also set forth the date, time and place such sale is to be conducted and shall designate the sheriff to make the sale.

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 county.

The sheriff shall promptly upon completion of the sale deliver to the chancery clerk 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 into the county treasury and such proceeds of the sale shall first be applied to the necessary costs and expenses of such sale, with the remainder to be credited to the special supplemental budget of the sheriff to be expended by the sheriff for any law enforcement purpose upon approval of the board of supervisors. The chancery clerk shall file the information concerning the sale among the other records of his office. If, within ninety (90) days after the date of the sale provided for above, any person claims to be the owner of the property sold, the board shall, upon satisfactory proof of ownership, pay to such person the amount for which such property was sold, and the board may require of such person a bond in such cases as they may deem advisable. No action shall be maintained against the county 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 sales as herein authorized.

SECTION 2. This act shall take effect and be in force from and after July 1, 2002.