TITLE 55

PROPERTY IN GENERAL

CHAPTER 4

PERSONAL PROPERTY

55-405.  Found personal property. (1) Notwithstanding any other provision of law, any person who finds money or goods valued at one hundred dollars ($100) or more, excepting firearms, explosives or other deadly weapons as identified in chapter 33, title 18, Idaho Code, shall, if the owner of the money or goods is unknown, give written notice of the finding within ten (10) days to the county clerk of the county in which the money or goods were found. Within twenty (20) days after the date of the finding, the person who finds such money or goods shall cause to be published in a newspaper of general circulation in the county a notice of the finding once each week for two (2) consecutive weeks. Each such notice shall state:

(a)  A general description of the money or goods found;

(b)  The address and telephone number of the county clerk’s office; and

(c)  The final date by which such money or goods must be claimed.

(2)  If no person establishes ownership of the money or goods prior to the expiration of three (3) months from the date of the notice to the county clerk, as provided in subsection (1) of this section, the person who found such money or goods shall be the rightful owner thereof.

(3)  (a) If any person who finds money or goods valued at one hundred dollars ($100) or more, excepting firearms, explosives or other deadly weapons as identified in chapter 33, title 18, Idaho Code, fails to comply with the provisions of subsection (1) of this section, such person shall be liable to the county for the money or goods or for the value of such money or goods.

(b)  Upon forfeiture of the money or goods, or the value of such money or goods, as provided in this subsection, the county treasurer shall hold the money or goods or their value for the owner and shall publish in a newspaper of general circulation in the county a notice of the finding once each week for two (2) consecutive weeks. Each such notice shall state:

(i)   A general description of the money or goods found;

(ii)  The address and telephone number of the county treasurer’s office; and

(iii) The final date by which such money or goods must be claimed.

(c)  If the owner does not reclaim the money or goods within three (3) months after the date of first publication of the notice by the county treasurer, the owner forfeits any rights to the money or goods or the value thereof and:

(i)   If money, such money shall be placed in the general fund of the county for payment of the general operating expenses of the county; or

(ii)  If goods, such goods shall be delivered to the sheriff of the county and sold at public auction as provided in section 55-403, Idaho Code. The proceeds of the sale of such goods shall be applied first to the costs of the sale and the remainder shall be placed in the general fund of the county for the payment of the general operating expenses of the county.

(4)  An owner of money or goods found by another person who establishes a claim to such money or goods within the time period specified in this section shall have restitution of such money or goods, or their value, upon payment to the finder or the county treasurer, as applicable, of all costs and charges incurred in the finding, giving of notice, and care and custody of such money or goods.

(5)  Nothing in this section shall be construed to affect the provisions of chapter 5, title 14, Idaho Code.

History:

[55-405, added 2002, ch. 131, sec. 2, p. 362.]