{"data":{"id":"us-ok/okla.-stat.-tit.-11-11-34-104","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 11, § 11-34-104","heading":"Disposition of personal property or money or legal","body":"tender.\n\nA. Any chief of police or designee is authorized to dispose of\n\npersonal property or money or legal tender as provided in this\n\nsection or the ordinances of the municipality, which has come into\n\nthe possession of the police department of the municipality if:\n\n1. The owner of the personal property or money or legal tender\n\nis unknown or has not claimed the property after any required\n\nnotice;\n\n2. The property or money or legal tender has been in the\n\ncustody of the chief of police for at least ninety (90) days; and\n\n3. The property or money or legal tender or any part thereof is\n\nno longer needed to be held as evidence or for any other purpose in\n\nconnection with any litigation. In the event the property, money or\n\nlegal tender was seized by the police department in connection with\n\na criminal investigation or arrest, this determination shall be made\n\nby the court which has jurisdiction over the criminal offense, if an\n\ninformation or indictment is pending, pursuant to Section 1321 of\n\nTitle 22 of the Oklahoma Statutes, or by a prosecuting authority if\n\ncharges have been disposed of or have been declined.\n\nB. The municipality may file an application in the district\n\ncourt in which the situs of government of the municipality is\n\nlocated requesting the authority of the court to conduct a sale of\n\nthe personal property which has a market value . The application\n\nshall contain a list describing the property , the date the property\n\ncame into the possession of the municipality, and the name of the\n\nowner and the person in last possession, if different, and the\n\naddress of the person, if known. The court shall set the\n\napplication for hearing not less than fifteen (15) days after filing\n\nof the application.\n\nC. In any instance where the property has an actual or apparent\n\nvalue of more than Two Hundred Fifty Dollars ($250.00), at least\n\neleven (11) days prior to the date of the hearing, written notice of\n\nthe hearing shall be sent by first-class mail, postage prepaid, to\n\neach owner and person last in possession of the property at the\n\naddress as listed in the application. If the owner of any property\n\nwith an actual or apparent value exceeding Five Hundred Dollars\n\n($500.00) is unable to be served written notice by first-class mail,\n\nnotice shall be provided by one publication at least three (3) days\n\nprior to the hearing in a newspaper of general circulation in the\n\ncounty where the property is in custody. The notice shall contain\n\nthe place and date of the hearing and a description of the property,\n\nor the location of a list available for review during business hours\n\nin which the property is described and any known owner identified.\n\nThe notice shall be posted at the assigned place for the posting of\n\nmunicipal notices, and at two other public places in the\n\nmunicipality.\n\nD. If no owner appears and establishes ownership to the\n\nproperty at the hearing, the court shall enter an order authorizing\n\nthe municipality to dispose of the property as follows:\n\n1. Donate the property having value of less than Five Hundred\n\nDollars ($500.00) to a not-for-profit corporation as defined in\n\nTitle 18 of the Oklahoma Statutes for use by needy families;\n\n2. Sell the personal property for cash to the highest bidder,\n\nafter at least five (5) days' notice of the sale has been published;\n\n3. Transfer the property to a third-party agent under contract\n\nwith the municipality for sale by Internet or other electronic\n\nmeans, regardless of whether the sale structure or distribution site\n\nis within the State of Oklahoma; or\n\n4. By any other means as determined appropriate by the court\n\nincluding but not limited to, destruction.\n\nIf the means of disposition involve a sale or donation to the\n\nthird party, the chief of police or designee shall make a return of\n\nthe donation or sale and the order of the court confirming the\n\ndonation or sale shall vest title to the property in the recipient\nthin the State of Oklahoma; or\n\n4. By any other means as determined appropriate by the court\n\nincluding but not limited to, destruction.\n\nIf the means of disposition involve a sale or donation to the\n\nthird party, the chief of police or designee shall make a return of\n\nthe donation or sale and the order of the court confirming the\n\ndonation or sale shall vest title to the property in the recipient\n\nor purchaser. After payment of court costs and other expenses, the\n\nremainder of money received from the sale of the personal property\n\nshall be deposited in the municipal general fund.\n\nE. All money or legal tender which has come into the possession\n\nof the municipality pursuant to the circumstances provided for in\n\nsubsection A of this section shall be transferred by the chief of\n\npolice or designee to the municipal clerk or municipal treasurer for\n\ndeposit in the municipal general fund. Prior to any transfer, the\n\nmunicipality shall file an application in the district court\n\nrequesting the court to enter an order authorizing the chief of\n\npolice or designee to transfer the money for deposit in the\n\nmunicipal general fund. The application shall describe the money or\n\nlegal tender, the date the same came into the possession of the\n\npolice department, and the name of the owner and the address of the\n\nowner, if known. Upon filing the application which may be joined\n\nwith an application as described in subsection B of this section, a\n\nhearing shall be set not less than fifteen (15) days from the filing\n\nof the application. Notice of the hearing shall be given as\n\nprovided for in subsection C of this section. The notice shall\n\nstate that upon failure of anyone to appear to prove ownership to\n\nthe money or legal tender, the court shall order the same to be\n\ndeposited in the municipal general fund. The notice may be combined\n\nwith a notice to sell personal property as provided for in\n\nsubsection B of this section. If no one appears to claim and prove\n\nownership to the money or legal tender at the hearing, the court\n\nshall order the same to be transferred to the municipal general fund\n\nas provided in this subsection.\n\nNotwithstanding any other provision of this section, if\n\nauthorized by ordinance, the municipality may transfer any currency\n\nreceived into a depository account for the benefit of its known or\n\nunknown owners prior to any court order for disposition of the money\n\nor legal tender.\n\nF. Except as provided in this subsection, the provisions of\n\nthis section shall not apply to any dangerous or deadly weapons,\n\nnarcotic or poisonous drugs, explosives, or any property of any kind\n\nor character, the possession of which is prohibited by law. By\n\norder of the trial court, any property filed as an exhibit or held\n\nby the municipality as evidence or as contraband shall be destroyed\n\nor sold or disposed of, pursuant to the conditions prescribed in the\n\norder. To the extent the provisions of this section do not apply,\n\nthe court shall follow the procedures in Section 1321 of Title 22 of\n\nthe Oklahoma Statutes. No forfeiture proceeding shall be necessary\n\nto authorize the destruction of property that cannot be returned\n\nlawfully to its owner.\n\nG. The municipality is hereby authorized to establish a\n\nprocedure for the registration of \"lost and found\" property. The\n\nprocedure shall give the finder of any property the option of\n\nrelinquishing any future claim to found property at the time its\n\npossession is surrendered to the police or other agent of the\n\nmunicipality, or of retaining possession of the property after\n\nregistering its description and the finder's identity with the\n\npolice department or other agent of the municipality. The\n\nmunicipality may require that only property in which the finder\n\nrelinquishes any future claim to its ownership will be stored in\n\nmunicipal police property rooms.\n\nH. The municipality may provide by ordinance that a percentage\nor of retaining possession of the property after\n\nregistering its description and the finder's identity with the\n\npolice department or other agent of the municipality. The\n\nmunicipality may require that only property in which the finder\n\nrelinquishes any future claim to its ownership will be stored in\n\nmunicipal police property rooms.\n\nH. The municipality may provide by ordinance that a percentage\n\nof the money or legal tender deposited in the municipal general fund\n\nas provided in subsection D or E of this section may be paid as a\n\nfinder's fee for services rendered to any person who found the\n\nunclaimed personal property or money or legal tender and delivered\n\nit to, or registered it with, the chief of police or other agent of\n\nthe municipality.\n\nI. The municipality may provide written notice at the time of\n\narrest or detention that certain property is available for return\n\nwithin ninety (90) days, if the property was not seized as evidence.\n\nIf the property is or appears to be worth less than Two Hundred\n\nFifty Dollars ($250.00), no further notice is required prior to\n\nobtaining a court order for disposition of the property in\n\naccordance with this section. A notice left with a detainee's\n\npersonal property at the detention facility shall be presumed to\n\nhave been returned to the detainee at the time of his or her release\n\nand shall satisfy the officer's obligation to deliver a receipt to\n\nthe detainee in connection with an arrest for a public offense.","path":["OK Code","Title 11"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os11.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"2fc60317888e197d683ddb4e899805215c3a45f15a2cb564d3a1f395198642bd","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-11-11-34-102","next":"us-ok/okla.-stat.-tit.-11-11-34-105"},"notice":"GroundRules: Original legal text. Not legal advice."}