                                 CODE OF VIRGINIA

DISPOSITION OF LOST OR ABANDONED PROPERTY (§ 23.1-104)

A. The governing board of each public institution of higher education and each
accredited nonprofit private institution of higher education may provide by
regulation or institution policy for the care, restitution, sale, destruction,
or disposal of unclaimed personal property, whether lost or abandoned, in the
possession of the institution. Whenever procedures in accordance with such
regulations or institution policies and this section are followed and ownership
cannot be established with respect to certain property, neither the institution
nor any of its agents or employees is liable to any person claiming any interest
in the property.

B. In the case of tangible personal property, other than registered motor
vehicles, lost or abandoned at a public institution of higher education or
accredited nonprofit private institution of higher education:

   1. The institution, upon receipt of such property, shall make reasonable
   efforts to give notice that the property has been found to any person that the
   institution determines to reasonably appear to be the owner. The institution
   shall hold such property for at least 120 days. The institution shall allow a
   claim upon satisfactory proof of such claim and payment of the
   institution&#8217;s reasonable charges for storage or other services necessary
   to preserve the property.

   2. After the 120-day period, the institution may sell the property to the
   highest bidder at public auction or by sealed bid at whatever location that
   the institution reasonably determines to afford the most favorable market for
   the property. The institution may decline the highest bid and reoffer the
   property for sale if it considers the price bid insufficient. The net proceeds
   of any such sale shall be held for at least 90 days and if no claim is made on
   the property within that time, such funds shall be credited to the
   institution&#8217;s operating fund. If the institution determines that the
   probable cost of sale of property will exceed the sale proceeds, the property
   is inherently dangerous, or the property may not lawfully be sold or used, the
   institution may provide for any such property, as appropriate under the
   circumstances, to be destroyed or discarded at an appropriate location,
   retained for use by the institution, or donated to an appropriate charitable
   organization.

   3. Any sale pursuant to this subsection shall be preceded by reasonable notice
   of the sale, taking into consideration the type and value of property. Such
   notice shall include at minimum the posting on a student bulletin board and
   publication in a school newspaper. The institution, by the same time, shall
   mail notice of the sale to the last known address of any person that the
   institution determines to reasonably appear to be the owner.

C. Whenever a motor vehicle is lost or abandoned on the campus of any public
institution of higher education or accredited nonprofit private institution of
higher education that is located in a locality that has adopted an ordinance as
provided in Chapter 12 (&#xA7; 46.2-1200 et seq.) of Title 46.2, such motor
vehicle shall be disposed of as provided in that ordinance. Notwithstanding any
provisions of Chapter 12 of Title 46.2, the proceeds of any sale of a motor
vehicle lost or abandoned on institutional property shall be credited to the
institution&#8217;s operating fund after the 90-day holding period. The
governing board of a public institution of higher education that has a campus or
part of a campus in a locality that has not adopted such an ordinance may adopt
regulations dealing with motor vehicles abandoned on such campus or such part of
the campus. Such regulations shall comply with all provisions of Chapter 12 of
Title 46.2 and have the same legal effect as though the institution is a
political subdivision as defined in that chapter and the regulation is an
ordinance. The proceeds from any sale resulting from such regulations shall be
held for at least 90 days and if no claim to the motor vehicle is made within
that time, such funds shall be credited to the institution&#8217;s operating
fund.

D. Whenever any intangible personal property is believed to be lost or abandoned
on the campus of a public institution of higher education, it shall be
administered as provided in Article 3 (&#xA7; 55.1-2524 et seq.) of Chapter 25
of Title 55.1.

E. Whenever any personal property, tangible or intangible, has been accepted for
safekeeping during a patient&#8217;s stay by any hospital operated by a public
institution of higher education and such property is believed by the
appropriately designated official to be lost or abandoned, it shall be
administered as provided in Article 3 (&#xA7; 55.1-2524 et seq.) of Chapter 25
of Title 55.1.

HISTORY: 1981, c. 517, § 23-4.2; 1982, c. 210; 2016, c. 588.