North Dakota 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

A vehicle is an illegal abandoned vehicle if it is: Left on private property without the property owner's consent for more than 48 hours.

If the real property is not adjudicated to be abandoned by an affidavit under section 32-19-23.1 or by a petition under section 32-19-19, the grantee may retain and dispose of, without legal process, any personal property left on the real property thirty days after the issuance of a sheriff's deed.

Please call our office (701-328-2800) for DTC instructions. Regardless of amounts, report any and all types of property that you are holding for an owner who has not claimed or shown an interest in the property for the periods set out below.

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.

Property is considered abandoned in Iowa if the tenant does not respond to the notice within 30-33 days or fails to claim the property. This means that if the tenant does not respond to the notice or fails to claim the property within the specified time frame, the property is considered abandoned.

Greater than $500: Per SDCL § 43-32-26, the property must be stored by the landlord, and the landlord has a lien on the property to the extent of the costs of handling and storing the property. After storing the property for thirty days or more, the landlord may treat the property as abandoned and dispose of it.

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