A. Any personal property having a fair market value greater than fifty dollars ($50.00) that has been unclaimed by the true owner, is no longer necessary for use in obtaining a conviction, is not needed for any other public purpose and has been in the possession of a state, county or municipal law enforcement agency for more than ninety days shall be sold at public sale.

B. Prior to the sale of seized personal property, the law enforcement agency shall make a reasonable attempt to notify the original owner of the seized personal property and shall publish a notice of the sale of unclaimed personal property once each week for two successive weeks. The notice shall contain:

(1) a brief description of the personal property to be sold;

(2) the time and place of the sale; and

(3) the name of any purported owner, if known.

C. If prior to the sale the true owner identifies the personal property to be sold and offers strict proof of identity and ownership of the personal property, the personal property shall be returned to its true owner.

D. Any personal property offered but not sold at a public sale may be destroyed or otherwise disposed of upon application to the district court, ex parte and without notice.

E. Any personal property sold at public sale, claimed by its true owner, destroyed or otherwise disposed of pursuant to this section shall be removed from the inventory record kept by the law enforcement agency.

F. Any personal property having a fair market value equal to or less than fifty dollars ($50.00) that has been unclaimed by the true owner, is no longer necessary for use in obtaining a conviction, is not needed for any other public purpose and has been in the possession of a state, county or municipal law enforcement agency for more than ninety days may be destroyed, except as otherwise provided by order of the district court upon ex parte application without notice.

G. Any alcoholic beverage that has been unclaimed by the true owner, is no longer necessary for use in obtaining a conviction, is not needed for any other public purpose and has been in the possession of a state, county or municipal law enforcement agency for more than ninety days may be destroyed or may be utilized by the scientific laboratory division of the department of health for educational or scientific purposes.

H. This section shall not apply to deadly weapons or items of significant historical value, poisons, controlled substances or other contraband lawfully seized as evidence for the prosecution of a violation of statute or ordinance or which has otherwise come into the lawful possession of a state, county or municipal law enforcement agency and has been in possession for more than ninety days. Once it is determined by the law enforcement agency that any property enumerated in this subsection is no longer necessary for use in obtaining a conviction or is not needed for any other public purpose, the law enforcement agency may apply to the district court, ex parte and without notice, for an order authorizing destruction or other disposition of the property; provided that a state, county or municipal law enforcement agency shall allow state museums access to agency inventory records for the purpose of inspecting and selecting firearms that are appropriate to state museum firearm collections. The court shall grant the application if the proposed destruction or disposition is in the best interest of the public safety and welfare.

I. This section shall not apply to any personal property for which a notice of intent to claim has been served. Any victim, as defined in Section 31-26-3 NMSA 1978, or alleged victim shall be entitled to serve notice of intent to claim ownership of any personal property upon that person, agency or entity in actual custody or control of the property. Nothing in this subsection shall be construed to limit, interfere with or affect the rights or remedies of the rightful owner of any seized property.

History: 1978 Comp., § 29-1-14, enacted by Laws 1983, ch. 50, § 2; 1989, ch. 147, § 1; 1994, ch. 22, § 1; 2003, ch. 340, § 1.

The 2003 amendment, effective July 1, 2003, in Subsection A, deleted the former last sentence concerning the federal Gun Control Act of 1968; in Subsection B, deleted "or owners" following "purported owner"; in Subsection H, deleted "except for firearms" following "deadly weapons" in the first sentence and "prior to the sale of firearms" following "provided that" in the second sentence; in Subsection I, substituted "Section 31-26-3" for "Section 31-24-3".

The 1994 amendment, effective July 1, 1994, substituted "a state, county or municipal law enforcement agency" for "the state, county, municipality or peace officer" in the first sentence in Subsections A and H, and in Subsections F and G, "Prior to the sale of seized personal property, the law enforcement agency shall make a reasonable attempt to notify original owner of seized personal property and shall" for "The peace officer shall" in the first sentence in the introductory paragraph of Subsection B, "law enforcement agency" for "peace officer" in Subsection E and near the beginning of the second sentence in Subsection H, "department of health" for "health and environment department" in Subsection G and "the law enforcement agency" for "he" near the middle of the second sentence in Subsection H; inserted "federal" in the second sentence in Subsection A; and added the proviso clause at the end of the second sentence in Subsection H.

The 1989 amendment, effective June 16, 1989, in Subsection A inserted "having a fair market value greater than fifty dollars ($50.00)" in the first sentence; added present Subsection D; redesignated former Subsection D as present Subsection E, while substituting therein "claimed by its true owner, destroyed or otherwise disposed of pursuant to this section" for "or claimed by its true owner"; added Subsections F and G; redesignated former Subsection E as Subsection H, while substituting "ninety days" for "one year" at the end of the first sentence; and added Subsection I.

Intention to abandon may be manifested by expressed acts of the owner or by acts or conduct implying abandonment which may be inferred from the circumstances. 1956 Op. Att'y Gen. No. 56-6357.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 56 Am. Jur. 2d Municipal Corporations, Counties, and Other Political Subdivisions § 506 et seq.

63 C.J.S. Municipal Corporations § 883.