T55CH4
Title 55 > T55CH4
Sections (5)
55-401
TITLE 55 PROPERTY IN GENERAL CHAPTER 4 PERSONAL PROPERTY 55-401. Conflict of laws. If there is no law to the contrary in the place where personal property is situated, it is deemed to follow the person of its owner and is governed by the law of his domicil. History: [(55-401) R.S., sec. 2890; reen. R.C. & C.L., sec. 3095; C.S., sec. 5363; I.C.A., sec. 54-401.]
55-402
TITLE 55 PROPERTY IN GENERAL CHAPTER 4 PERSONAL PROPERTY 55-402. Transfer and devolution of things in action. A thing in action arising out of the violation of a right of property, or out of an obligation, may be transferred by the owner. Upon the death of the owner it passes to his personal representatives, except where, in the cases provided in the Code of Civil Procedure, it passes to his devisees or successor in office. History: [(55-402) R.S., sec. 2891; reen. R.C. & C.L., sec. 3096; C.S., sec. 5364; I.C.A., sec. 54-402.]
55-403
TITLE 55 PROPERTY IN GENERAL CHAPTER 4 PERSONAL PROPERTY 55-403. Abandoned or unclaimed property in possession of sheriff or city police department — Sale at public auction. (1) Except as otherwise provided in subsection (4) of this section, any personal property that has come into the possession or custody of the sheriff of any county in this state or the city police department of any city in this state by reason of the same having been abandoned, impounded or otherwise left with the sheriff or city police department, or if originally taken into custody under legal process, such property has been lawfully released or discharged from the attachment or other process under which it was taken into custody and which remains unclaimed or unredeemed by the owner or one entitled to possession thereof for more than ninety (90) days from the date of such abandonment, impoundment, leaving, or release from attachment or other process under which the same was originally taken into custody, as the case may be, shall be subject to sale by the sheriff or city police department at public auction for cash on not less than five (5) or more than ten (10) days’ notice except as otherwise provided in subsection (2) of this section, the conduct and notice of which sale shall be given and had in conformity with sales on execution; provided, however, that prior to public auction, bicycles need only be unclaimed or unredeemed by the owner or one entitled to possession for more than sixty (60) days and that personal property with a fair market value of less than twenty-five dollars ($25.00) need only be unclaimed or unredeemed by the owner or one entitled to possession for more than thirty (30) days. (2) Whenever the sheriff or city police department has knowledge of the name and address of the owner or one entitled to possession of personal property, a copy of such notice of sale at public auction as provided in subsection (1) of this section or of a bid for sale as provided in subsection (4) of this section, shall be mailed to such owner or one entitled to possession, with postage prepaid, at least fourteen (14) days prior to such sale. (3) As many items of personal property may be noticed for sale and sold at the same sale as the sheriff or city police department may deem advisable, and said property may be sold singly or in lots or as a whole as the sheriff or city police department may determine. The sheriff or city police department shall give a bill of sale to the highest bidder upon payment of the amount bid upon payment of the bid price. (4) (a) Any firearm or ammunition that meets the established specifications for official law enforcement duty use and will be used for official law enforcement duty use and which has come into the possession or custody of the sheriff of any county in this state or the city police department of any city in this state by reason of the firearm or ammunition having been abandoned, impounded or otherwise acquired by the sheriff or cit
55-404
TITLE 55 PROPERTY IN GENERAL CHAPTER 4 PERSONAL PROPERTY 55-404. Proceeds of sale — Disbursement. Except as provided in section 55-405 , Idaho Code, the proceeds of said sale shall be applied first to all costs assessed or incurred against the personal property so sold including any storage charges as keepers’ fee and expenses of sale incurred by the sheriff or city police department, and the balance of such proceeds, if any, shall be kept by the sheriff or city police department in a separate fund for a period of one (1) year from the date of sale. Any person claiming title to, or ownership of, such proceeds by reason of ownership of such personal property at the time of sale by the sheriff or city police department shall make written application therefor to the sheriff or city police department. If satisfactory proof of such title or ownership is furnished within one (1) year of the receipt of such proceeds, then the said proceeds shall be delivered to the claimant. If no claim and proof is made before the expiration of one (1) year from the receipt of the proceeds, the same shall be paid by the sheriff to the county treasurer or by the city police department to the city clerk who shall credit the same to the general fund of the county or the city, as the case may be, and no claim therefor shall be thereafter considered. History: [55-404, added 1957, ch. 131, sec. 2, p. 221; am. 1978, ch. 357, sec. 2, p. 941; am. 2002, ch. 131, sec. 1, p. 362.]
55-405
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, 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