37-288.01. Disposition of personal property abandoned by lessee at the end of the lease; definitions
A. Within ninety days after the date of expiration or cancellation of a lease of state land, the lessee shall remove the lessee's personal property from the state land and give written notice to the department of the name and address of any person known to the lessee who owns any personal property remaining on the state land.
B. Except as provided in subsection F of this section, after ninety days, the department may sell the property at public auction or cause it to be sold at public auction. Before auctioning property, the department shall:
1. Attempt to identify any lienholder of record if all the following apply:
(a) The owner of the property is known to the department.
(b) The property is mechanical equipment bearing a serial number or registration number.
2. Give written notice to the owner of any lienholder of record identified pursuant to paragraph 1 of this subsection.
C. The department's notice to an owner pursuant to subsection B of this section shall state:
1. That the department will auction the property.
2. The time and place of the auction, which must be at least ten days after the owner receives the notice.
3. That the department will send the owner the proceeds of the auction after deducting amounts equal to the amount of any delinquent rent, penalty and interest, the amount of any lien pursuant to section 37-288, subsection C and the costs of notification and auction. Unpaid costs of notification and auction shall be a lien on the property. Any lien pursuant to section 37-288, subsection C shall be first priority for payment and a lien for costs of notification and auction pursuant to this section shall be second priority.
4. That the owner may claim the property by appearing at the auction and paying the amount of any delinquent rent, penalty and interest, the costs of notification and auction and the amount of any lien on the property pursuant to section 37-288, subsection C.
D. The department's notice to a lienholder of record pursuant to subsection B of this section shall state:
1. That the department will auction the property.
2. The time and place of the auction, which must be at least ten days after the lienholder receives the notice.
3. That the lienholder may recover the property according to the terms of the lienholder's security agreement before the auction.
4. That the department will send the lienholder the proceeds of the auction after deducting the department's costs of identifying the lienholder, notification and auction if the lienholder does not recover the property before auction.
E. The department shall hold any excess proceeds of a sale under subsection B that are returned as undeliverable for twelve months after the sale. After twelve months, the department shall deposit the excess proceeds in the fund of the beneficiary for whom the land is held in trust.
F. If the department reasonably determines that the value of the property is less than or equal to the cost of removing it, the department may destroy or otherwise dispose of the property. Before destroying or disposing of the property, the department shall send a written notice to the owner indicating that:
1. The department has determined that the value of the property is less than or equal to the cost of removing it.
2. The department will destroy or dispose of the property at any time beginning thirty days after the owner receives the notice.
3. The department's valuation of the property in relation to the costs of removal is an appealable agency action pursuant to title 41, chapter 6, article 10.
G. If an owner appeals the department's valuation of the property pursuant to subsection F, paragraph 3 of this section, the department shall attempt to identify any lienholder of record if the property is mechanical equipment bearing a serial number or registration number. If the department finds a lienholder of record, the department shall notify the lienholder that the lienholder may appeal the department's valuation of the property pursuant to title 41, chapter 6, article 10.
H. Notices to owners and lienholders under this section must be by certified mail, return receipt requested, addressed to the owner's or lienholder's last address of record with the department.
I. The same procedure for the sale or disposition of personal property prescribed by this section may also be used after the termination, cancellation or expiration of a permit, right of entry, certificate of purchase or other instrument issued by the department.
J. For the purposes of this section:
1. " Lienholder of record" or " lienholder" means any person who has perfected a security agreement pursuant to title 47, chapter 9, article 3.
2. " Owner" means a former lessee or other person who owns property on state land after the expiration or termination of a lease, permit, right of entry, certificate of purchase or other instrument issued by the department.
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