1. Personal property, except for motor vehicles subject to sale pursuant to section 321.89, and seizable property subject to disposition pursuant to chapter 809 or 809A, which personal property is found or seized by, turned in to, or otherwise lawfully comes into the possession of the department or a local law enforcement agency and which the department or agency does not own, shall be disposed of pursuant to this section. If by examining the property the owner or lawful custodian of the property is known or can be readily ascertained, the department or agency shall notify the owner or custodian by certified mail directed to the owner’s or custodian’s last known address, as to the location of the property. Ifthe identity or address of the owner cannot be determined, notice by one publication in a newspaper of general circulation in the area where the property was found issufficient notice. A published notice may contain multiple items. 2. The department or agency may return the property to a person if that person or the person’s representative does allof the following: a. Appears at the location where the property is located. b. Provides proper identification. c. Demonstrates ownership or lawful possession of the property to the satisfaction of the department or agency. 3. After ninety days following the mailing or publication of the notice required by this section, or ifthe owner or lawful custodian of the property is unknown or cannot be readily determined, or the department or agency has not turned the property over to the owner, the lawful custodian, or the owner’s or custodian’s representative, the department or agency may dispose of the property in any lawful way, including but not limited to the following: a. Selling the property at public auction with the proceeds, less department or agency expenses, going to the general fund of the state ifsold by the department, the rural services fund if sold by a county agency, and thegeneral fund of a city ifsold by a cityagency; however, the department or agency shall be reimbursed from the proceeds for the reasonable expenses incurred in selling the property at the auction. b. Retaining the property for the department’s or agency’s own use. c. Giving the property to another agency of government. d. Giving the property to an appropriate charitable organization. e. Destroying the property. 4. Except when a person appears in person or through a representative within the time periodsset by this section, and satisfies the department or agency thatthe person is the owner or lawful custodian of the property, disposition of the property shall be atthe discretion of the department or agency. The department or agency shall maintain the receipt and disposition records for allproperty processed under this section. Good faithcompliance with this section isa defense to any claim or action at law or in equity regarding the disposition of the property. ch 1133, §39; 2000 Acts, ch 1203, §1; 2005 Acts, ch 35, §21
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