Montana Notice of Sale of Abandoned or Unclaimed Personal Property at Public Auction - Abandonment

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US-00792BG
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Description

Abandonment is the act of intentionally relinquishing, without reservation, a known right without reference to any particular person or purpose. In some jurisdictions, carriers, innkeepers and other designated parties are authorized by statute to sell abandoned or unclaimed freight, baggage or other personal property under specified conditions. These statutes generally require that the property remain unclaimed for a designated period and that notice of the sale be given.


A notice of sale of abandoned property must be given in strict compliance with the terms of the governing statute. Notice of a public sale of unclaimed or abandoned property is typically required to be published in a newspaper of general circulation in the county where the sale is to be held.


Most states have enacted legislation providing for the escheat of abandoned and unclaimed property, or giving custody of such property to the state. These statutes generally set forth procedures, whereby the owner may file a claim and obtain restoration of the property within a designated period of time.

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FAQ

70-33-430. Disposition of abandoned personal property. (1) (a) If a tenancy terminates by court order, the personal property is considered abandoned and the landlord may immediately dispose of the personal property as allowed by law.

(1) Property left unattended for more than 48 hours may be impounded, except where otherwise posted.

Ing to Florida Statute § 83.595 that under the circumstances of rent payments not being current and also if there is an absence of written notice indicating that the tenant will be away, the landlord can presume abandonment if the tenant is not present on the premises for 15 consecutive days.

(b) A private landowner owning property considered to be part of ways of this state open to the public, as defined in 61-8-101, who can demonstrate meeting the 5-day waiting period in subsection (1) by calling one of the law enforcement agencies listed in subsection (1) at the start of the 5-day period may remove the ...

345.75 ABANDONED TANGIBLE PERSONAL PROPERTY. If property has not been removed within six months after it comes into the possession of a person, it is abandoned and shall become the property of the person in possession, after notice to the prior owner.

814 - ABANDONED PROPERTY. (1) Property left unattended for more than 48 hours may be impounded, except where otherwise posted.

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Montana Notice of Sale of Abandoned or Unclaimed Personal Property at Public Auction - Abandonment