Full question:
I am a security officer at a public library. The library runs its own private garage. There are a couple cars that seemed abandoned in the garage. One has no plates or other forms of identification the other has expired plates from Michigan. They both have several layers of dust built on them. What are the laws as far as being able to claim one of these cars (if possible) and how would one go about doing so?
- Category: Abandoned Property
- Date:
- State: Kentucky
Answer:
Property is considered abandoned if it is left in a place where the owner likely intended to leave it, but it is clear they do not plan to return. Generally, abandoned property can become the possession of whoever takes it first. To prove abandonment, one must show that the owner intentionally gave up possession and has no intent to reclaim it. This can be demonstrated by the duration the property has been left unclaimed. However, simply not using the property is not enough to prove abandonment; long periods of unexplained non-use can support the claim.
The determination of abandonment is typically a factual issue for a jury, not a legal one for a judge. A person claiming abandoned property must provide clear evidence of all elements of abandonment. The jury assesses the owner's intent based on all relevant facts and circumstances.
Importantly, the ownership of the land where the property is found does not affect the finder's rights to abandoned property. Under common law, abandonment transfers ownership from the former owner, as if they never had rights to it. Once abandoned, the former owner cannot reclaim their rights at the expense of those who have taken possession of the property.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.