HomeMy WebLinkAbout92-193 CITY OF LAREVILLE
DAKOTA COUNTY, MINNESOTA
RESOLUTION
Date December 7, 1992 Resolution No. 92-193
Motion By Harvey Seconded By Sndt
RESOLUTION CONCERNING
LOST AND ABANDONED PROPERTY
WHEREAS, City employees in the course of their employment
may find lost and abandoned property; and
WHEREAS, the mission of the City is to promote the public
welfare; and
WHEREAS, the City wants to avoid even the appearance of
impropriety.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Lakeville:
1. City employees that find lost or abandoned property in
the City of Lakeville during the course of their
employment shall deliver the property to the City
Administrator or the Administrator's designee.
2. If the owner of the property is not located within
sixty (60) days, the City'Administrator or the
Administrator's designee shall dispose of the property
pursuant to Title 5, Chapter 4 of the Lakeville City
Code, except that if the owner is not located, the
property shall not be returned to the City employee who
turned the property in.
ADOPTED this 7th day of December, 1992, by the City
Council of the City of Lakeville.
CITY OF EVILLE
BY:
D ane R. Za n Mayor
(A1TTEST;,
Charlene Friedges, ity Clerk
,,r ti.r~„•
CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A.
Attorneys at Law
Thomas J. Campbell (612) 452-5000
Roger N. Knutson Fax (612} 452-5550
Thomas M. Scott
Gary G. Fuchs
Jamcs R. Walston
Elliott B. Knetsch
Michael A. Broback
RenaeD. Steiner OCtOber 26, 1992
Mr. Robert Erickson
Lakeville City Hall
20195 Holyoke Avenue West
P.O. Box 957
Lakeville, Minnesota 55044
RE: Lost and Abandoned Property
Dear Bob:
You asked me to summarize the law on lost and abandoned
property. Copies of the two applicable statutes are enclosed. Minn.
Stat. Sec. 471.195 authorizes the City to sell unclaimed personal
property to the highest bidder after it has been in the City's
possession sixty (60) days.-Minn. Stat. Sec. 345.38, et sea•,
provides that when unclaimed money is held by the City for three
(3) years, it must be turned over to the commerce department.
There. is surprisingly little case law on who gets to keep lost
or abandoned property if it is found by an employee during work
hours. The leading case is Dennis v. Northwestern National Bank, 81
N.W.2d 254 (Minn. 1957). The court held that normally the employee
is entitled to keep the property if the owner cannot be found. An
exception to the rule exists when the property is found in a
private area where the public is generally not allowed to go. In
such a situation, the employer is deemed to have constructive
possession of the property in the private space and therefore
ownership. The court cited 36 C.J.S. Finding Lost Goods, Section 1
with approval•
Property in someone's possession cannot be
found in the sense of the law of lost
property; thus, if the article is in the
possession and protection of the owner of the
place where it is found, it is not lost in the
legal sense. If the chattel is discovered in a
public or semipublic place where the public
generally is invited and expected to be, the
proprietor of the premises occupies no
relationship of agent or fiduciary toward the
owner, which prevents its being considered a
lost article, but, where only a limited class
Suite 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121
Mr. Robert Erickson
October 26, 1992
Page 2
of people have the right to be, or can be, and
that class is composed of the customers of the
owner of the premises, who has the duty of
preserving the property of his customers, it
is in the constructive custody of the owner of
the premises.
This means, for example, if a street department employee while
on duty cleaning a ditch finds a television, he or she has the
right to keep it if the owner cannot be located.
The above cited rule could be changed by the adoption of an
ordinance requiring City employees finding lost property while on
duty to turn it over to the City. I think there may be public
concern about allowing City employees to keep lost property. If you
want me to draft an ordinance, please call me to discuss the
direction it should take.
Very tru ours,
CAM BELL, SON, SCOTT
& FLT , P.A.
i
BY:
oge N. Knutson
RNK:srn
Enclosures