This summary provides links to the twenty or so states that have enacted lost and found property statutes. These statutes outline a procedure finders must follow when finding lost property, which supplement traditional property laws.
The statutes listed below represent the approximately 20 states that have enacted laws governing the disposition of lost property. These statutes typically require a finder to report and/or relinquish the found property to local authorities, publish the find in a local publication, and wait a statutorily proscribed time period prior to asserting ownership. In essence, these enactments override or supplement the common law rule that a finder's interests are always subordinate to the true owner's. In fact, it is said the goal under common law is to reunite the lost property with its true owner. Not all states have enacted such laws; in those states without a statutory scheme, the common law rule applies.
It is unclear whether any of these codes would apply when the "lost property" is a companion animal. In fact, two states specifically exclude animals from their provisions (in part perhaps because the legislature considered the term "animal" to be a commercial animal rather than a cat or dog). In any event, no state has enacted provisions that specifically cover the issue of a lost dog. Thus, it may be argued that the traditional common law rule of original ownership applies. One Vermont court has suggested instead that public policy interests govern this unique area of property law. Where a finder has made reasonable efforts to locate the owner by posting notices, contacting law enforcement officials, and employing other means, he or she may claim ownership to a lost pet after a reasonable period of time. However, until more state courts are faced with this issue, or until state legislatures undertake the opportunity to delineate a clear legislative procedure, the issue of lost dog is unclear.
For a further legal discussion of this issue, click here.
States with Lost Property Codes:
1. California - CA CIVIL § 2080 – 2082. Lost and Unclaimed Property. Article 1. Lost Money and Goods.
2. Connecticut - CT ST § 50-1 – 14. Lost and Unclaimed Property.
3. Florida - FL ST § 705.101 – 19. Lost or Abandoned Property.
4. Illinois - IL ST CH 765 § 1020/0.01 – 36. Estrays and Lost Property Act.
5. Iowa - I. C. A. § 556F.1, IA ST § 556F.1. Lost Property.
6. Maine - ME ST T. 33 § 1051 – 1060. Lost Goods and Stray Beasts.
7. Massachusetts - M.G.L.A. 134 § 1, MA ST 134 § 1 – 7. Lost Goods and Stray Beasts.
8. Michigan - M. C. L. A. 434.21 - 29, MI ST 434.21 - 29. Lost Property.
9. Missouri - V. A. M. S. 447.010 - 721, MO ST 447.010 – 721. Lost and Unclaimed Property.
10. Montana – MCA 70-5-101 - 107, MT ST 70-5-101 – 107. Rights and Duties of Finders Generally.
11. New York - McKinney 's Personal Property Law § 251 - 258, NY PERS PROP § 251 – 258. Lost and Found Property.
12. North Dakota - ND ST 60-01-34 – 42. CHAPTER 60-01. DEPOSITS - GENERAL PROVISIONS.
13. Oklahoma - 15 Okl. St. Ann. § 511 – 518. OK ST T. 15 § 511 – 518. Finders of Lost Goods.
14. Oregon - O.R.S. § 98.005 – 040. OR ST § 98.005 – 040. Lost, Unordered and Unclaimed Property.
15. South Dakota - SDCL § 43-41-1 – 10. SD ST 43-41-1 – 10. Lost and Found Property.
16. Vermont - 27 V.S.A. § 1101 – 1110. VT ST T. 27 § 1101 – 1110. Lost Property.
17. Washington - West's RCWA 63.21.010 – 900. WA ST 63.21.010 – 900. Lost and Found Property.
18. Wisconsin - W. S. A. 170.07 – 12. WI ST 170.07 – 12. Strays and Lost Chattels.