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House Journal: Page 1782: Tuesday, April 25, 2000

14 safety or a local law enforcement agency and which the
15 department or agency does not own, shall be disposed
16 of pursuant to this section. If by examining the
17 property the owner or lawful custodian of the property
18 is known or can be readily ascertained, the department
19 or agency shall notify the owner or custodian by
20 certified mail directed to the owner's or custodian's
21 last known address, as to the location of the
22 property. If the identity or address of the owner
23 cannot be determined, notice by one publication in a
24 newspaper of general circulation in the area where the
25 property was found is sufficient notice. A published
26 notice may contain multiple items.
27 2. The department or agency may return the
28 property to a person if that person or the person's
29 representative does all of the following:
30 a. Appears at the location where the property is
31 located.
32 b. Provides proper identification.
33 c. Demonstrates ownership or lawful possession of
34 the property to the satisfaction of the department or
35 agency.
36 3. After ninety days following the mailing or
37 publication of the notice required by this section, or
38 if the owner or lawful custodian of the property is
39 unknown or cannot be readily determined, or the
40 department or agency has not turned the property over
41 to the owner, the lawful custodian, or the owner's or
42 custodian's representative, the department or agency
43 may dispose of the property in any lawful way,
44 including but not limited to the following:
45 a. Selling the property at public auction with the
46 proceeds, less department or agency expenses, going to
47 the general fund of the state if sold by the
48 department, the rural services fund if sold by a
49 county agency, and the general fund of a city if sold
50 by a city agency, however, the department or agency

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1 shall be reimbursed from the proceeds for the
2 reasonable expenses incurred in selling the property
3 at the auction.
4 b. Retaining the property for the department's or
5 agency's own use.
6 c. Giving the property to another agency of
7 government.
8 d. Giving the property to an appropriate
9 charitable organization.
10 e. Destroying the property.
11 4. Except when a person appears in person or
12 through a representative within the time periods set


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