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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>85242</law_id><section_number>15.2-1719</section_number><catch_line>Disposal of unclaimed property in possession of sheriff or police</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><referred_to_by><reference>15.2-1123.1</reference><reference>15.2-1721</reference><reference>9.1-101</reference></referred_to_by><structure><unit label="title" level="1" order_by="1" identifier="15.2">Counties, Cities and Towns</unit><unit label="subtitle" level="2" order_by="1" identifier="II">Powers of Local Government</unit><unit label="chapter" level="3" order_by="1" identifier="17">Police and Public Order</unit><unit label="article" level="4" order_by="1" identifier="1">General Provisions</unit></structure><text>
						<section><p>Any <span class="dictionary">locality</span> may provide by <span class="dictionary">ordinance</span> for (i) the public sale in accordance with the provisions of this section or (ii) the retention for use by the <span class="dictionary">law</span>-enforcement agency, of any unclaimed personal property which has been in the <span class="dictionary">possession</span> of its <span class="dictionary">law</span>-enforcement agencies and unclaimed for a period of more than 60 days, after payment of a reasonable storage fee to the sheriff or other agency storing such property. No storage fee shall be charged or accounted for if such property has been stored by and is to be retained by the sheriff&#x2019;s office or other <span class="dictionary">law</span>-enforcement agency. As used herein, &#x201C;unclaimed personal property&#x201D; shall be any personal property belonging to another which has been acquired by a <span class="dictionary">law</span>-enforcement officer pursuant to his duties, which is not needed in any criminal <span class="dictionary">prosecution</span>, which has not been claimed by its rightful owner and which the State Treasurer has indicated will be declined if remitted under the Virginia <span class="dictionary">Disposition</span> of Unclaimed Property Act (&#xA7;&#xA0;<a class="law" title="Definitions" href="/55.1-2500/">55.1-2500</a> et seq.). Unclaimed bicycles and mopeds may also be disposed of in accordance with &#xA7;&#xA0;<a class="law" title="Localities authorized to license bicycles, electric power-assisted bicycles, mopeds, and electric personal assistive mobility devices; disposition of unclaimed bicycles, electric power-assisted bicycles, mopeds, and electric personal assistive mobility devices" href="/15.2-1720/">15.2-1720</a>. Unclaimed firearms may also be disposed of in accordance with &#xA7;&#xA0;<a class="law" title="Disposal of unclaimed firearms or other weapons in possession of sheriff or police" href="/15.2-1721/">15.2-1721</a>.
		Prior to the sale or retention for use by the <span class="dictionary">law</span>-enforcement agency of any unclaimed item, the chief of police, sheriff or their duly authorized agents shall make reasonable attempts to notify the rightful owner of the property, obtain from the attorney for the Commonwealth in writing a statement advising that the item is not needed in any criminal <span class="dictionary">prosecution</span>, and cause to be published twice in a newspaper of general circulation in the <span class="dictionary">locality</span> notice that there will be a public display and sale of unclaimed personal property. The first notice shall appear no more than 28 days before and the second notice shall appear no less than seven days before the public display and sale of the unclaimed personal property. Such property, including property selected for retention by the <span class="dictionary">law</span>-enforcement agency, shall be described generally in the notice, together with the date, time and place of the sale and shall be made available for public viewing at the sale. The chief of police, sheriff or their duly authorized agents shall pay from the proceeds of sale the costs of advertisement, removal, storage, investigation as to ownership and <span class="dictionary">liens</span>, and notice of sale. The balance of the funds shall be held by such officer for the owner and paid to the owner upon satisfactory proof of ownership. Any unclaimed item retained for use by the <span class="dictionary">law</span>-enforcement agency shall become the property of the <span class="dictionary">locality</span> served by the agency and shall be retained only if, in the <span class="dictionary">opinion</span> of the chief <span class="dictionary">law</span>-enforcement officer, there is a legitimate use for the property by the agency and that retention of the item is a more economical alternative than purchase of a similar or equivalent item.
		If no claim has been made by the owner for the property or proceeds of such sale within 60 days of the sale, the remaining funds shall be deposited in the general fund of the <span class="dictionary">locality</span> and the retained property may be placed into use by the <span class="dictionary">law</span>-enforcement agency. Any such owner shall be entitled to apply to the <span class="dictionary">locality</span> within three years from the date of the sale and, if timely application is made therefor and satisfactory proof of ownership of the funds or property is made, the <span class="dictionary">locality</span> shall pay the remaining proceeds of the sale or return the property to the owner without interest or other charges or compensation. No claim shall be made nor any suit, action or proceeding be instituted for the recovery of such funds or property after three years from the date of the sale.</p></section></text><history>1982, c. 163, &#xA7; 15.1-133.01; 1994, c. 144; 1997, c. 587; 2010, c. 333; 2024, cc. 225, 242.</history><metadata></metadata></law>
