Chapter 434

LOST AND UNCLAIMED PROPERTY
Revised Statutes of 1846
R.S. of 1846
434.1-434.14 Repealed. 1987, Act 273, Imd. Eff. Jan. 6, 1988.

LOST PROPERTY
Act 273 of 1987
AN ACT to provide procedures and remedies regarding lost property; to prescribe the powers and duties of law enforcement agencies, finders of lost property, certain courts, and owners of lost property; and to repeal certain acts and parts of acts.

History: 1987, Act 273, Imd. Eff. Jan. 6, 1988

The People of the State of Michigan enact:

434.21 Definitions.

Sec. 1.

As used in this act:

(a) “Collectible currency” means a medium of exchange including coins, bank notes, government notes, and paper money that has a value greater than face value.

(b) “Contraband” means any property that is prohibited by any law to be owned, carried, concealed, or possessed.

(c) “Currency” means a medium of exchange including coins, bank notes, government notes, and paper money that has a value not greater than face value.

(d) “Evidence” means any property that furnishes or tends to furnish proof in a legal matter.

(e) “Hazardous material” means explosives, pyrotechnics, flammable gas, flammable compressed gas, nonflammable compressed gas, flammable liquid, oxidizing material, poisonous gas, poisonous liquid, irritating material, etiologic material, radioactive material, corrosive material, or liquefied petroleum gas.

(f) “Junk” means any property that does not have any fair market value or worth.

(g) “Legal owner” means any individual, organization, partnership, company, corporation, or governmental agency who had care, custody, or control over the property and can establish ownership to the satisfaction of the law enforcement agency by description, title, sales receipt, bill of goods, or other means. Any person who represents the legal owner or an organization, partnership, company, corporation, governmental agency by affidavit, power of attorney, bill of goods, or title may be considered the legal owner for purposes of recovering the property.

(h) “Perishable property” means any property subject to quick deterioration or spoilage except when maintained under proper conditions.

(i) “Property” means anything which is the subject of ownership and is corporeal, tangible, visible, or personal, or that has an exchange value.

(j) “Property of major value” means any property that is not collectible currency, contraband, currency, evidence, hazardous material, junk, perishable property, or property of minor value.

(k) “Property of minor value” means any property whose fair market value is less than the total cost of preparing a property report, plus the costs of storage and disposition, and which is not collectible currency, contraband, currency, evidence, hazardous material, junk, perishable property, or property of major value.

History: 1987, Act 273, Imd. Eff. Jan. 6, 1988

434.22 Duty of person finding lost property; procedure for receiving property if not claimed; inspection and classification of property; storage.

Sec. 2.

(1) A person who finds lost property shall report the finding or deliver the property to a law enforcement agency in the jurisdiction where the property is found. This shall include all property found in an abandoned vehicle. If the person wishes to receive the property if it is not claimed by the legal owner as provided in this act, the person shall provide his or her name and current address to the law enforcement agency and shall inform the agency of any change in his or her address.

(2) The property described under subsection (1) shall be inspected by the law enforcement agency to determine the type of property that has been found. The property shall be classified into 1 of the following categories:

(a) Collectible currency.

(b) Contraband.

(d) Evidence.

(e) Hazardous material.

(f) Junk.

(g) Perishable property.

(h) Property of major value.

(i) Property of minor value.

(3) The law enforcement agency shall use the following method to determine the classification of property under subsection (2):

(a) Currency may be appraised to determine whether the currency, because of age, origin, metal content, or value as a collector's item, has a value other than its face value. Currency may be inspected by a person who has the expertise to determine if the currency is collectible currency.

(b) Property that is suspected of being contraband may be subjected to scientific evaluation or inspected by a qualified person.

(c) Property shall be considered evidence if the property is reasonably believed by the law enforcement agency or a governmental attorney to be evidence that could be used in a legal action.

(d) Whether property is hazardous material shall be determined by a qualified person who has expertise regarding hazardous material.

(e) Property that may be junk may be inspected to determine if it has any fair market value or worth.

(f) Perishable property may be inspected to determine if the property requires special storage.

(g) Whether property is of major or minor value shall be determined by a person who has expertise regarding the valuation of the property.

(4) Property that is reported or delivered pursuant to subsection (1) shall be stored in a location as determined by the law enforcement agency.

History: 1987, Act 273, Imd. Eff. Jan. 6, 1988

434.23 Reports; disposition and inspection of property of minor value.

Sec. 3.

(1) Within 48 hours of a report or delivery under section 2(1), the following reports shall be completed on property of major value, collectible currency found in 1 location for the total value, currency found in 1 location for the total value, hazardous material, and perishable property that has a major value:

(a) A general description of the property to provide a person who may be the legal owner with enough information to aid in determining ownership. This information shall be kept in a public building in a location that is open to the public during normal business hours.

(b) A detailed description of the property to provide the law enforcement agency with information to determine ownership. The description shall also include the total value of the property found in 1 location. The information required by this subdivision is exempt from disclosure under the freedom of information act, Act No. 442 of the Public Acts of 1976, being sections 15.231 to 15.246 of the Michigan Compiled Laws, and shall not be available to the public or any person claiming ownership.

(2) Property that is determined under section 2(3) to be of minor value may be kept by the law enforcement agency in a safe location and may be inspected by the public upon request during normal business hours.

History: 1987, Act 273, Imd. Eff. Jan. 6, 1988

434.24 Collectible currency and currency; contraband; property in evidence; hazardous material; junk; perishable property; property of major value; property of minor value; disposition.

Sec. 4.

(1) Except as otherwise provided in subsection (2), collectible currency and currency shall be returned to the legal owner when the law enforcement agency is reasonably satisfied of that ownership. Pursuant to section 5, if the legal owner cannot be located or established, the property shall be disposed of pursuant to this act.

(2) All contraband that is or may be evidence and any other found property that is or may be evidence in a criminal or civil action instituted by a governmental attorney shall be kept in a place of safekeeping until the governmental attorney releases the evidence. All contraband shall be disposed of in a manner prescribed by law. Any found property that is evidence that is not contraband shall be returned to the legal owner unless prohibited by law. If the legal owner cannot be located, the property shall be classified as prescribed in section 2(2) and shall be disposed of pursuant to this act.

(3) When the legal owner of the hazardous material cannot be located or established or the hazardous material may pose an imminent danger to life or other property, then the hazardous material may be released to any governmental agency, private industry, institution, business, or person that can safely keep or dispose of the hazardous material and the container.

(4) Found property that is determined to be junk may be disposed of in any manner by the law enforcement agency.

(5) Upon the conclusion of a criminal or civil action instituted by a governmental attorney, evidence may be returned to the legal owner unless prohibited by law or the evidence is required in another court action. If the legal owner cannot be located, the law enforcement agency shall classify the property as prescribed in section 2(2) and dispose of it pursuant to this act.

(6) Perishable property shall be released to the legal owner of the property. Pursuant to section 5, if the legal owner cannot be located or established, the property shall be disposed of pursuant to this act.

(7) All property of major value shall be returned to the legal owner when the law enforcement agency is reasonably satisfied of that ownership. If the legal owner is not located and after 6 months from the date of the notice as prescribed in section 5, the property shall be disposed of pursuant to this act.

(8) All property of minor value shall be returned to the legal owner when the law enforcement agency is reasonably satisfied of that ownership. If after 3 months the property has not been claimed by the legal owner, the property may be disposed of in any manner by the law enforcement agency.

History: 1987, Act 273, Imd. Eff. Jan. 6, 1988

434.25 Notice; property not claimed within 6 months.

Sec. 5.

(1) The law enforcement agency shall send a notice by first class mail to any known legal owner of collectible currency, currency, evidence, perishable property, or property of major value to the last known address of record. The notice shall contain the following information:

(a) The date the property was found.

(b) The type of property found.

(d) The cost of storage per day, if any.

(e) A statement that the property must be claimed within 6 months of the date of the letter or the property shall be considered abandoned and disposed of under the provisions of this act.

(f) The name of the law enforcement agency, the address, and the telephone number where the legal owner can obtain the property.

(2) Property described in subsection (1) not claimed within 6 months after the date of the notice may be disposed of pursuant to section 6.

History: 1987, Act 273, Imd. Eff. Jan. 6, 1988

434.26 Disposition of collectible currency, currency, perishable property, and property of major value; keeping, classifying, and disposing of property located in abandoned vehicle.

Sec. 6.

(1) Collectible currency, currency, perishable property, and property of major value that is not claimed as provided under section 5(2) shall be disposed of by the law enforcement agency as follows:

(a) Unless the finder of the property cannot be located or does not want the property, return the property to the finder.

(b) If the finder of the property cannot be located or does not want the property, do 1 of the following:

(i) Retain the property for use by the law enforcement agency.

(ii) Sell the property at a public sale and deposit the money from the sale in the general fund of the governmental unit of the law enforcement agency.

(iii) Release the property to a charitable organization as defined in section 2 of the charitable organizations and solicitations act, Act No. 169 of the Public Acts of 1975, being section 400.272 of the Michigan Compiled Laws.

(2) Property located in an abandoned vehicle shall be kept in a place of safekeeping. If the legal owner of the property is not located when the vehicle has been disposed of under the provisions regarding abandoned vehicles under the Michigan vehicle code, Act No. 300 of the Public Acts of 1949, being sections 257.1 to 257.923 of the Michigan Compiled Laws, the property shall be classified under section 2(2) and the property may be disposed of pursuant to section 5 and subsection (1).

History: 1987, Act 273, Imd. Eff. Jan. 6, 1988

434.27 Jurisdiction; filing claim; hearing; notice; burden of establishing ownership; decision; liability for noncompliance.

Sec. 7.

(1) The following courts shall have jurisdiction regarding a dispute concerning the legal ownership of any found property:

(a) A district court.

(b) A municipal court.

(2) When a dispute concerning the ownership of found property arises, any person claiming ownership of the property may file a claim in 1 of the above courts having jurisdiction.

(3) Upon receipt of the claim of ownership, the court shall do both of the following:

(a) Schedule a hearing to be held within 30 days of the filing of the claim for the purpose of determining the ownership of the property.

(b) Notify all persons claiming ownership of the property and the law enforcement agency of the date, time, and location of the hearing.

(4) The person claiming ownership of the property who files a claim shall have the burden of establishing ownership of the property at the hearing.

(5) The court shall make a decision within 10 days after the hearing as to the legal ownership of the property.

(6) Notwithstanding any other law, a state, county, city, municipality, township, governmental agency, or person shall not be criminally or civilly liable for complying with this act.

History: 1987, Act 273, Imd. Eff. Jan. 6, 1988

434.28 Applicability of act.

Sec. 8.

This act does not apply to abandoned property to which Act No. 214 of the Public Acts of 1979, being sections 434.181 to 434.184 of the Michigan Compiled Laws, applies.

History: 1987, Act 273, Imd. Eff. Jan. 6, 1988

434.29 Repeal of MCL 434.1 to 434.14.

Sec. 9.

Chapter 47 of the Revised Statutes of 1846, being sections 434.1 to 434.14 of the Michigan Compiled Laws, is repealed.

History: 1987, Act 273, Imd. Eff. Jan. 6, 1988

Revised Statutes of 1846
R.S. of 1846
434.101-434.112 Repealed. 1962, Act 13, Imd. Eff. Mar. 19, 1962.

DISPOSITION OF LOST, UNCLAIMED, OR ABANDONED PERSONAL PROPERTY
Act 238 of 1957
AN ACT to authorize the sale or other disposition of lost, unclaimed or abandoned personal property in the custody of state departments, boards or institutions; and to provide for the disposition of the proceeds of any such sale.

History: 1957, Act 238, Eff. Sept. 27, 1957

The People of the State of Michigan enact:

434.151 Lost, unclaimed or abandoned personal property in custody of state; application of act.

Sec. 1.

The provisions of this act shall apply to:

(a) Personal property of patients in state hospitals remaining after the death, discharge, release or escape of the patient and unclaimed by the patient, his or her relatives or heirs or personal or legal representative.

(b) Personal property of prisoners in state prisons remaining unclaimed after the death, discharge, release or escape of a prisoner and unclaimed by the prisoner, his relatives or heirs, or personal or legal representatives.

(c) Personal property lost or abandoned by the owners thereof in or on state owned property administered by the department of conservation and turned into the custody of said department.

(d) Personal property lost or abandoned by the owners thereof in or on other property owned, leased or rented by the state of Michigan for the use of state departments, boards and institutions.

History: 1957, Act 238, Eff. Sept. 27, 1957

434.152 Personal effects without intrinsic or commercial value of certain state hospital patients; applicability of act.

Sec. 2.

The provisions of this act do not apply to property subject to the provisions of the uniform unclaimed property act, or to property subject to the provisions of Act No. 203 of the Public Acts of 1937, being sections 28.401 to 28.406 of the Michigan Compiled Laws. The provisions of this act apply to personal effects of no intrinsic or commercial value of deceased, discharged, or escaped state hospital patients.

History: 1957, Act 238, Eff. Sept. 27, 1957 ;-- Am. 1995, Act 46, Eff. Jan. 1, 1996

434.153 Lost, unclaimed or abandoned personal property in custody of state; appraisal.

Sec. 3.

Each state department, board or institution when necessary to accomplish the purposes of this act shall delegate authority to 2 or more of its employees, hereinafter called appraisers, to examine and appraise lost or abandoned property in its possession remaining unclaimed for at least 6 months. The said appraisers shall examine, appraise and inventory each article of lost or abandoned personal property. Property found to be of no intrinsic or commercial value in the opinion of the appraisers shall be inventoried and recorded separately from property found by the appraisers to have intrinsic or commercial value. A record of property having intrinsic or commercial value containing a description of the property, the name of the county where found, and the appraisers' estimate of its value shall be made and a copy thereof forwarded to the commissioner of the state police.

History: 1957, Act 238, Eff. Sept. 27, 1957

434.154 Lost, unclaimed or abandoned personal property in custody of state; professional opinion as to intrinsic value; appraiser's opinion as to value.

Sec. 4.

Should the said appraisers be unable to decide whether or not certain articles of lost or abandoned property are of intrinsic or commercial value, professional opinion may be sought. No fee shall be payable for such opinion. Whether or not professional opinion is sought as to the value of any article of lost or abandoned property, the opinion of the said appraisers, made in the exercise of ordinary care and pursuant to this act, shall be prima facie evidence of the value of such property.

History: 1957, Act 238, Eff. Sept. 27, 1957

434.155 Lost, unclaimed or abandoned personal property in custody of state; sale by commissioner of state police.

Sec. 5.

Upon the request of the commissioner of the state police, property previously reported to him pursuant to the provisions of section 3 of this act shall be delivered to his custody at the East Lansing state police headquarters or to such state police post as the state police commissioner may direct. Said property shall be sold at any ensuing state police sale of stolen property, such sale and the disposition of the proceeds of such sale to be governed by the provisions of Act No. 203 of the Public Acts of 1937, except that such property need not be held by the state police for the 6 months' period provided in that act.

History: 1957, Act 238, Eff. Sept. 27, 1957

434.156 Lost, unclaimed or abandoned personal property in custody of state; disposition of property without intrinsic value.

Sec. 6.

Property found by the appraisers to be of no intrinsic or commercial value, after being appraised and recorded as such, may be donated to state institutions for the use of patients or inmates or to charitable institutions, or may be destroyed, but the inventories of such property shall first be submitted to the state administrative board and the authority of that board secured for such disposition of the property. Property remaining unsold by the state police after having been offered for sale at any 2 state police sales may be disposed of by the commissioner of the state police in the same manner upon order of the state administrative board.

History: 1957, Act 238, Eff. Sept. 27, 1957

DISPOSITION OF UNCLAIMED STOLEN PROPERTY
Act 54 of 1959
434.171-434.174 Repealed. 2018, Act 546, Eff. Mar. 28, 2019.

STOLEN OR ABANDONED PROPERTY
Act 214 of 1979
AN ACT to provide for the disposition and sale of certain stolen or abandoned property recovered or discovered within a county, city, village, or township; and to provide for the disposition of the proceeds of sale and certain other property.

History: 1979, Act 214, Imd. Eff. Jan. 15, 1980 ;-- Am. 1984, Act 258, Imd. Eff. Nov. 30, 1984 ;-- Am. 2006, Act 556, Imd. Eff. Dec. 29, 2006 ;-- Am. 2018, Act 546, Eff. Mar. 28, 2019

The People of the State of Michigan enact:

434.181 Recovery of stolen property or discovery of abandoned personal property; report; request for authority to dispose of property; donation of stolen or abandoned bicycle to charitable organization; donation of reusable property to eligible recipient.

Sec. 1.

(1) Except as otherwise provided by law and in this section, a law enforcement agency that recovers stolen property or discovers abandoned personal property within the county, city, village, or township that is unclaimed for 6 months after recovery or discovery shall report the recovery or discovery of that property, including money, to the county board of commissioners, city or village council, or township board of trustees and shall request authority to dispose of the property as provided in this act. The law enforcement agency of a city, village, or township may request to give the property to the sheriff of the county to dispose of as provided in this act.

(2) If the property is an abandoned or stolen bicycle, the law enforcement agency may request authority from the county board of commissioners, city or village council, or township board of trustees to donate the bicycle to a state licensed charitable organization.

(3) If the stolen property or abandoned personal property is not a weapon and is reusable property, the law enforcement agency may request authority from the county board of commissioners, city or village council, or township board of trustees to donate the property as provided in section 2, to an eligible recipient that, at the time of the donation, expects to use the property.

History: 1979, Act 214, Imd. Eff. Jan. 15, 1980 ;-- Am. 2006, Act 556, Imd. Eff. Dec. 29, 2006 ;-- Am. 2018, Act 546, Eff. Mar. 28, 2019

434.181a Definitions.

Sec. 1a.

As used in this act:

(a) "Eligible recipient" means a city, village, county, township, school district, intermediate school district, university, community college, private nonprofit organization, public school academy, or governmental authority, or an agency or department of a city, village, county, township, school district, intermediate school district, or a private nonprofit organization.

(b) "Law enforcement agency" means the sheriff of a county, or the law enforcement agency of a city, village, or township.

(c) "Private nonprofit organization" means a private organization exempt from taxation under section 501(c)(3) of the internal revenue code, 26 USC 501(c)(3).

History: Add. 2018, Act 546, Eff. Mar. 28, 2019

434.182 Action by county board or commissioners, city or village council, or township board of trustees; delivery of property to sheriff; conducting sale of property; notice of sale or donation; appraisal of money; claim by owner; cancellation of sale or donation.

Sec. 2.

(1) The county board of commissioners, city or village council, or township board of trustees shall act upon the request of the law enforcement agency under section 1 not less than 60 days or more than 6 months after the receipt of the request.

(2) If the city or village council or township board of trustees authorizes the law enforcement agency of the city, village, or township to give the property to the sheriff of the county, the agency shall deliver the property to the sheriff within 10 days.

(3) If the county board of commissioners, city or village council, or township board of trustees authorizes the law enforcement agency to dispose of the property through sale under this act, the law enforcement agency shall conduct a sale of the property as provided in subsection (4).

(4) If the law enforcement agency is authorized to dispose of the property by sale, the law enforcement agency shall publish a notice in a newspaper of general circulation in the county not less than 5 days before the proposed sale of the property. The notice must describe the property, including money, and state the time and place of the public sale at which the property may be purchased by the highest bidder. The law enforcement agency may obtain an appraisal to determine whether money, because of age, origin, metal content, or value as a collector's item, has a value other than its face value. Money that does not have a value other than its face value must not be subject to the public sale provisions contained in this section. Until the date of the sale, the property may be claimed at the office of the law enforcement agency. If ownership of the property is proved, the property must be turned over to the owner and the sale of that property must be canceled.

(5) If the county board of commissioners, city or village council, or township board of trustees authorizes the law enforcement agency to dispose of the property through donation, following a request under section 1(3), the law enforcement agency shall donate the property as provided in subsection (6).

(6) If the law enforcement agency is authorized to dispose of the property by donation, the law enforcement agency shall publish a notice in a newspaper of general circulation in the county not less than 5 days before the proposed donation of the property. The notice must describe the property and provide the address of the office of the law enforcement agency and the date the property will be donated. Before the date provided in the notice, the property may be claimed at the office of the law enforcement agency. If ownership of the property is proved, the property must be turned over to the owner and the donation of that property must be canceled.

History: 1979, Act 214, Imd. Eff. Jan. 15, 1980 ;-- Am. 1984, Act 258, Imd. Eff. Nov. 30, 1984 ;-- Am. 2018, Act 546, Eff. Mar. 28, 2019

434.183 Sale of unclaimed property; disposition of proceeds.

Sec. 3.

The law enforcement agency shall conduct a sale of the unclaimed property and shall deposit the proceeds of the sale, and money not subject to public sale, after deducting the cost of the sale, including reasonable appraisal fees, with the county, city, village, or township treasurer to the credit of the county, city, village, or township general fund.

History: 1979, Act 214, Imd. Eff. Jan. 15, 1980 ;-- Am. 1984, Act 258, Imd. Eff. Nov. 30, 1984 ;-- Am. 2018, Act 546, Eff. Mar. 28, 2019

434.184 Filing claim for property after sale; proof; payment to owner; time limitation; liability of law enforcement agency.

Sec. 4.

(1) If, within 6 months after the sale under section 2(4), the owner of the property files with the county board of commissioners, city or village council, or township board of trustees a claim for the property and proves a right to the property, the county board of commissioners, city or village council, or township board of trustees shall direct the treasurer who received the proceeds of the sale of that property to pay the owner the amount of proceeds or the face value of money not subject to the public sale provision contained in this act. The county board of commissioners, city or village council, or township board of trustees shall not approve any claims filed more than 6 months after the sale.

(2) A law enforcement agency disposing of property as provided in this act is not liable to the owner of that property.

History: 1979, Act 214, Imd. Eff. Jan. 15, 1980 ;-- Am. 1984, Act 258, Imd. Eff. Nov. 30, 1984 ;-- Am. 2018, Act 546, Eff. Mar. 28, 2019

Rendered 8/15/2025 8:26 AM
Michigan Compiled Laws Complete Through PA 5 of 2025
Courtesy of legislature.mi.gov