Action by County Board or Commissioners, City or Village Council, or Township Board of Trustees; Delivery of Property to Sheriff; Conducting Sale of Property; Notice of Sale or Donation; Appraisal of Money; Claim by Owner; Cancellation of Sale or Donation.

Checkout our iOS App for a better way to browser and research.

Sec. 2.

(1) The county board of commissioners, city or village council, or township board of trustees shall act upon the request of the law enforcement agency under section 1 not less than 60 days or more than 6 months after the receipt of the request.

(2) If the city or village council or township board of trustees authorizes the law enforcement agency of the city, village, or township to give the property to the sheriff of the county, the agency shall deliver the property to the sheriff within 10 days.

(3) If the county board of commissioners, city or village council, or township board of trustees authorizes the law enforcement agency to dispose of the property through sale under this act, the law enforcement agency shall conduct a sale of the property as provided in subsection (4).

(4) If the law enforcement agency is authorized to dispose of the property by sale, the law enforcement agency shall publish a notice in a newspaper of general circulation in the county not less than 5 days before the proposed sale of the property. The notice must describe the property, including money, and state the time and place of the public sale at which the property may be purchased by the highest bidder. The law enforcement agency may obtain an appraisal to determine whether money, because of age, origin, metal content, or value as a collector's item, has a value other than its face value. Money that does not have a value other than its face value must not be subject to the public sale provisions contained in this section. Until the date of the sale, the property may be claimed at the office of the law enforcement agency. If ownership of the property is proved, the property must be turned over to the owner and the sale of that property must be canceled.

(5) If the county board of commissioners, city or village council, or township board of trustees authorizes the law enforcement agency to dispose of the property through donation, following a request under section 1(3), the law enforcement agency shall donate the property as provided in subsection (6).

(6) If the law enforcement agency is authorized to dispose of the property by donation, the law enforcement agency shall publish a notice in a newspaper of general circulation in the county not less than 5 days before the proposed donation of the property. The notice must describe the property and provide the address of the office of the law enforcement agency and the date the property will be donated. Before the date provided in the notice, the property may be claimed at the office of the law enforcement agency. If ownership of the property is proved, the property must be turned over to the owner and the donation of that property must be canceled.

History: 1979, Act 214, Imd. Eff. Jan. 15, 1980 ;-- Am. 1984, Act 258, Imd. Eff. Nov. 30, 1984 ;-- Am. 2018, Act 546, Eff. Mar. 28, 2019


Download our app to see the most-to-date content.