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Article 13 – Unclaimed Property Act - page 23 / 35

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Article 13 – Unclaimed Property Act

Source: L. 87: Entire article added, p. 1326, § 1, effective July 1.

38-13-115. Public sale of abandoned property.

(1) Except as provided in subsections (2), (3), and (5) of this section, the administrator, within three years after the receipt of abandoned property, shall sell it to the highest bidder at public sale in whatever city in the state affords in the judgment of the administrator the most favorable market for the property involved. The administrator may decline the highest bid and reoffer the property for sale if in the judgment of the administrator the bid is insufficient. If in the judgment of the administrator the probable cost of sale exceeds the value of the property, it need not be offered for sale. Any sale held under this section must be preceded by a single publication of notice, at least three weeks in advance of sale, in a newspaper of general circulation in the county in which the property is to be sold.

(2) Securities listed on an established stock exchange must be sold at prices prevailing on the exchange at the time of sale. Other securities may be sold over the counter at prices prevailing at the time of sale or by any other method the administrator considers advisable.

(3) Unless the administrator considers it to be in the best interest of the state to do otherwise, all securities delivered to the administrator shall be held for at least one year before he or she may sell them. On and after July 1, 2004, the administrator shall take all reasonable action to sell the securities delivered to him or her as provided in this section. All proceeds collected from the sale of securities pursuant to this section shall be deposited in the unclaimed property tourism promotion trust fund created in section 38-13-116.7.

(4) The purchaser of property at any sale conducted by the administrator pursuant to this article takes the property free of all claims of the owner or previous holder thereof and of all persons claiming through or under them. The administrator shall execute all documents necessary to complete the transfer of ownership.

(5) The administrator shall retain or loan to the Colorado state veterans center in Homelake, Colorado, or to an alternate state facility selected by the administrator that has appropriate and secure space suitable for public display any military medal or decoration or other military award or citation that is delivered to the administrator pursuant to section 38-13-113 until the owner of the property claims the property in accordance with section 38-13-117 (1) and the administrator allows the claim pursuant to section 38-13-117 (3).

Source: L. 87: Entire article added, p. 1326, § 1, effective July 1. L. 2002: (1) amended and (5) added, p. 319, § 1, effective August 7. L. 2004: (3) amended, p. 1262, § 2, effective May 27.

Cross references: For the legislative declaration contained in the 2004 act amending subsection (3), see section 1 of chapter 322, Session Laws of Colorado 2004.

38-13-116. Creation of funds - repeal. (Repealed)

Source: L. 87: Entire article added, p. 1326, § 1, effective July 1. L. 89: (1) amended and (2) repealed, p. 1440, §§ 1, 2, effective April 6. L. 90: (1) amended and (3) added, p. 1635, § 8, effective April 27; (3)(b) amended, p. 641, § 3, effective July 1; (3)(b)(II) added by revision, p. 641, § 5. L. 93:

  • (3)

    (b) amended, p. 1025, § 4, effective June 2; (1) amended and (4) added, p. 1075, § 6, effective July

  • 1.

    L. 95: (3)(b)(III) added and (4)(a) amended, p. 526, §§ 7, 8, effective May 16. L. 97: (3)(b)(I),

  • (4)

    (b), and (4)(c) amended, p. 622, § 22, effective July 1. L. 2000: Entire section amended, p. 400, § 3,

effective August 2.

December 2005

Page 19

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