Public sale of abandoned property by attorney general; sale of
securities; transfer of certain property
Sec. 31. (a) Except as provided in subsections (b), (c), and (f), the
attorney general, not later than three (3) years after the receipt of
abandoned property, shall sell the property to the highest bidder at a
commercially reasonable public sale that, in the judgment of the
attorney general, affords the most favorable market for the property.
The attorney general may decline the highest bid and reoffer the
property for sale if, in the judgment of the attorney general, the bid
is insufficient. If, in the judgment of the attorney general, the
probable cost of the sale exceeds the value of the property, the
attorney general is not required to offer the property for sale. A sale
held under this section must be preceded, at least three (3) weeks
before the sale, by one (1) publication of notice in a newspaper of
general circulation published in the county in which the property is
to be sold.
(b) If the property is of a type that is customarily sold on a
recognized market or that is subject to widely distributed standard
price quotations, and if, in the opinion of the attorney general, the
probable cost of a public sale to the highest bidder would:
(1) exceed the value of the property; or
(2) result in a net loss;
the attorney general may sell the property privately, without notice
by publication, at or above the prevailing price for the property at the
time of the sale.
(c) Securities shall be sold as soon as reasonably possible
following receipt. If a valid claim is made for any securities in the
possession of the attorney general, the attorney general may:
(1) transfer the securities to the claimant; or
(2) pay the claimant the value of the securities as of the date the
securities were delivered to the attorney general.
Notice of the sale of securities is not required. Securities listed on an
established stock exchange must be sold at prices prevailing at the
time of the sale on the stock exchange. Other securities may be sold
over the counter at prices prevailing at the time of sale or by any
other method the attorney general considers reasonable.
(d) A purchaser of property at a sale conducted by the attorney
general under this chapter takes the property free of all claims of the
owner or previous holder and of all persons claiming through or
under them. The attorney general shall execute all documents
necessary to complete the transfer of ownership.
(e) A person does not have a claim against the attorney general for
any appreciation of property after the property is delivered to the
attorney general, except in a case of intentional misconduct or
malfeasance by the attorney general.
(f) If property is forwarded to the attorney general and the report
concerning the property does not have all of the information required
under section 26(b)(1) of this chapter or the total value of the
property is ten dollars ($10) or less, the attorney general may
immediately:
(1) sell the property and transmit the proceeds; or
(2) transfer the property;
to the state general fund.
As added by P.L.2-2002, SEC.19. Amended by P.L.107-2003, SEC.5;
P.L.97-2004, SEC.110.
Last modified: May 24, 2006