Re: Abandoning property (Was: Copyright Extension Bill Passes Congress)

Lance Purple <lpurple[_at_]netcom.com> wrote:
>
> Moritz Roettinger <moritz.roettinger[_at_]dg23.cec.be> wrote:
> >
> > On Tue, 3 Nov 1998, Lance Purple <lpurple[_at_]netcom.com> wrote:
> > >
> > > - If you leave your car, your wallet, etc. abandoned in a
> > > public place for several years, it typically ceases to
> > > be your property.
> >
> > Is this really the case in US law? In the European countries I am
> > familiar with this is not the case. You would have to actively
> > declare that you abandon the object. Even then, in the case of a
>
> In my municipality, (Austin, TX), any property such as livestock,
> motor vehicles, umbrellas, etc. left unattended in a public place
> for 48 hours may be impounded. If so, the owner is notified, and
> has a specific number of days to pay a fine and reclaim the item.
> After that, the property is considered deliberately abandoned and
> is usually sold at public auction (or given away for adoption in
> the case of abandoned pets). See the City of Austin, TX Code of
> Ordinances at <URL http://www.ci.austin.tx.us/>, sections 3-2-10,
> 3-3-92, 10-3-1, and 10-3-25. (disclaimer: I am not an attorney).

  The operative words here are "owner is notified". If the item was lost or stolen from the true owner, then he will reclaim the item.

> > Abandoning property is a legal figure which is very rare in practice.
>
> Not in the US, it isn't. Most Sunday editions of newspapers have
> -at least- a full page of notices for abandoned property auctions.

  I disagree. In the years I lived in Austin, I never saw such ads in the Austin American Statesman, or in any large city's newspaper for that matter. I dont think anyone can name an American city where there is a full page of notices for abandoned property auctions, on any date past or present. Most auctions are for private sales (estates, etc.), bankruptcy, secured party auctions, foreclosures, or property taken by the government from criminals.

  There is a difference between what the public calls "abandoned property", and what the law considers "abandoned property". All too often, the finder of property with the owner out of sight attaches the label "abandoned" to the property. To be abandoned, you must examine the motive of the owner when the property is separated from the owner. To be "abandoned", the owner must leave the property out of their control with the intent of severing their control over the item. That requires an examination of the motives of the owner. Silence, after notification, may infer a motive to abandon. "Notification" requires that the owner actually receive the notice, and understand it (placing it in their mailbox is not enough, they could be out of town, and the item could be stolen, for example). There is no distinction between whether the property ends up on private or public property.

  My comments are a general statement of the law in the US and my personal observations, and not intended to be legal advice in any particular situation. If you have a specific situation, consult an attorney licnesed to practice law in your jurisdiction.

Thomas E. Workman Jr.
<tworkman[_at_]erols.com> Received on Sat Nov 07 1998 - 21:38:27 GMT