                                 CODE OF VIRGINIA

DISPOSAL OF UNCLAIMED PROPERTY IN POSSESSION OF SHERIFF OR POLICE (§ 15.2-1719)

Any locality may provide by ordinance for (i) the public sale in accordance with
the provisions of this section or (ii) the retention for use by the
law-enforcement agency, of any unclaimed personal property which has been in the
possession of its law-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&#8217;s
office or other law-enforcement agency. As used herein, &#8220;unclaimed
personal property&#8221; shall be any personal property belonging to another
which has been acquired by a law-enforcement officer pursuant to his duties,
which is not needed in any criminal prosecution, which has not been claimed by
its rightful owner and which the State Treasurer has indicated will be declined
if remitted under the Virginia Disposition of Unclaimed Property Act (§
55.1-2500 et seq.). Unclaimed bicycles and mopeds may also be disposed of in
accordance with § 15.2-1720. Unclaimed firearms may also be disposed of in
accordance with § 15.2-1721.
		Prior to the sale or retention for use by the law-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 prosecution, and cause to be
published twice in a newspaper of general circulation in the locality 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 law-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 liens, 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 law-enforcement agency shall become the property of
the locality served by the agency and shall be retained only if, in the opinion
of the chief law-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 locality and the retained property may be placed into use by
the law-enforcement agency. Any such owner shall be entitled to apply to the
locality 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 locality 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.

HISTORY: 1982, c. 163, § 15.1-133.01; 1994, c. 144; 1997, c. 587; 2010, c. 333;
2024, cc. 225, 242.