Okla. Stat. tit. 11, § 11-34-104

tender.

A. Any chief of police or designee is authorized to dispose of

personal property or money or legal tender as provided in this

section or the ordinances of the municipality, which has come into

the possession of the police department of the municipality if:

1. The owner of the personal property or money or legal tender

is unknown or has not claimed the property after any required

notice;

2. The property or money or legal tender has been in the

custody of the chief of police for at least ninety (90) days; and

3. The property or money or legal tender or any part thereof is

no longer needed to be held as evidence or for any other purpose in

connection with any litigation. In the event the property, money or

legal tender was seized by the police department in connection with

a criminal investigation or arrest, this determination shall be made

by the court which has jurisdiction over the criminal offense, if an

information or indictment is pending, pursuant to Section 1321 of

Title 22 of the Oklahoma Statutes, or by a prosecuting authority if

charges have been disposed of or have been declined.

B. The municipality may file an application in the district

court in which the situs of government of the municipality is

located requesting the authority of the court to conduct a sale of

the personal property which has a market value . The application

shall contain a list describing the property , the date the property

came into the possession of the municipality, and the name of the

owner and the person in last possession, if different, and the

address of the person, if known. The court shall set the

application for hearing not less than fifteen (15) days after filing

of the application.

C. In any instance where the property has an actual or apparent

value of more than Two Hundred Fifty Dollars ($250.00), at least

eleven (11) days prior to the date of the hearing, written notice of

the hearing shall be sent by first-class mail, postage prepaid, to

each owner and person last in possession of the property at the

address as listed in the application. If the owner of any property

with an actual or apparent value exceeding Five Hundred Dollars

($500.00) is unable to be served written notice by first-class mail,

notice shall be provided by one publication at least three (3) days

prior to the hearing in a newspaper of general circulation in the

county where the property is in custody. The notice shall contain

the place and date of the hearing and a description of the property,

or the location of a list available for review during business hours

Oklahoma Statutes - Title 11. Cities and Towns Page 304

in which the property is described and any known owner identified.

The notice shall be posted at the assigned place for the posting of

municipal notices, and at two other public places in the

municipality.

D. If no owner appears and establishes ownership to the

property at the hearing, the court shall enter an order authorizing

the municipality to dispose of the property as follows:

1. Donate the property having value of less than Five Hundred

Dollars ($500.00) to a not-for-profit corporation as defined in

Title 18 of the Oklahoma Statutes for use by needy families;

2. Sell the personal property for cash to the highest bidder,

after at least five (5) days' notice of the sale has been published;

3. Transfer the property to a third-party agent under contract

with the municipality for sale by Internet or other electronic

means, regardless of whether the sale structure or distribution site

is within the State of Oklahoma; or

4. By any other means as determined appropriate by the court

including but not limited to, destruction.

If the means of disposition involve a sale or donation to the

third party, the chief of police or designee shall make a return of

the donation or sale and the order of the court confirming the

donation or sale shall vest title to the property in the recipient
thin the State of Oklahoma; or

4. By any other means as determined appropriate by the court

including but not limited to, destruction.

If the means of disposition involve a sale or donation to the

third party, the chief of police or designee shall make a return of

the donation or sale and the order of the court confirming the

donation or sale shall vest title to the property in the recipient

or purchaser. After payment of court costs and other expenses, the

remainder of money received from the sale of the personal property

shall be deposited in the municipal general fund.

E. All money or legal tender which has come into the possession

of the municipality pursuant to the circumstances provided for in

subsection A of this section shall be transferred by the chief of

police or designee to the municipal clerk or municipal treasurer for

deposit in the municipal general fund. Prior to any transfer, the

municipality shall file an application in the district court

requesting the court to enter an order authorizing the chief of

police or designee to transfer the money for deposit in the

municipal general fund. The application shall describe the money or

legal tender, the date the same came into the possession of the

police department, and the name of the owner and the address of the

owner, if known. Upon filing the application which may be joined

with an application as described in subsection B of this section, a

hearing shall be set not less than fifteen (15) days from the filing

of the application. Notice of the hearing shall be given as

provided for in subsection C of this section. The notice shall

state that upon failure of anyone to appear to prove ownership to

the money or legal tender, the court shall order the same to be

deposited in the municipal general fund. The notice may be combined

with a notice to sell personal property as provided for in

subsection B of this section. If no one appears to claim and prove

ownership to the money or legal tender at the hearing, the court

Oklahoma Statutes - Title 11. Cities and Towns Page 305

shall order the same to be transferred to the municipal general fund

as provided in this subsection.

Notwithstanding any other provision of this section, if

authorized by ordinance, the municipality may transfer any currency

received into a depository account for the benefit of its known or

unknown owners prior to any court order for disposition of the money

or legal tender.

F. Except as provided in this subsection, the provisions of

this section shall not apply to any dangerous or deadly weapons,

narcotic or poisonous drugs, explosives, or any property of any kind

or character, the possession of which is prohibited by law. By

order of the trial court, any property filed as an exhibit or held

by the municipality as evidence or as contraband shall be destroyed

or sold or disposed of, pursuant to the conditions prescribed in the

order. To the extent the provisions of this section do not apply,

the court shall follow the procedures in Section 1321 of Title 22 of

the Oklahoma Statutes. No forfeiture proceeding shall be necessary

to authorize the destruction of property that cannot be returned

lawfully to its owner.

G. The municipality is hereby authorized to establish a

procedure for the registration of "lost and found" property. The

procedure shall give the finder of any property the option of

relinquishing any future claim to found property at the time its

possession is surrendered to the police or other agent of the

municipality, or of retaining possession of the property after

registering its description and the finder's identity with the

police department or other agent of the municipality. The

municipality may require that only property in which the finder

relinquishes any future claim to its ownership will be stored in

municipal police property rooms.

H. The municipality may provide by ordinance that a percentage
or of retaining possession of the property after

registering its description and the finder's identity with the

police department or other agent of the municipality. The

municipality may require that only property in which the finder

relinquishes any future claim to its ownership will be stored in

municipal police property rooms.

H. The municipality may provide by ordinance that a percentage

of the money or legal tender deposited in the municipal general fund

as provided in subsection D or E of this section may be paid as a

finder's fee for services rendered to any person who found the

unclaimed personal property or money or legal tender and delivered

it to, or registered it with, the chief of police or other agent of

the municipality.

I. The municipality may provide written notice at the time of

arrest or detention that certain property is available for return

within ninety (90) days, if the property was not seized as evidence.

If the property is or appears to be worth less than Two Hundred

Fifty Dollars ($250.00), no further notice is required prior to

obtaining a court order for disposition of the property in

accordance with this section. A notice left with a detainee's

personal property at the detention facility shall be presumed to

have been returned to the detainee at the time of his or her release

Oklahoma Statutes - Title 11. Cities and Towns Page 306

and shall satisfy the officer's obligation to deliver a receipt to

the detainee in connection with an arrest for a public offense.