Ala. Admin. Code r. 460-X-13-.05

Current through Register Vol. 43, No. 1, October 31, 2024

Section 460-X-13-.05 - Notice

(a) When the Commission seeks to acquire clear title either to abandoned property, property on loan, or property held in temporary custody, the Commission shall mail notice of this intent by certified mail, return receipt requested, to the person listed as owner in the Commission's records. This mailing shall be to the owner's address according to the Commission's records and to any other address for the owner that can be discovered through reasonable diligence. If the Commission has no record of the owner, or has no address for the owner, either in its records or through the exercise of reasonable diligence, or if the Commission does not receive written proof of receipt of the mailed notice within 30 days of the mailing of the notice, the Commission shall publish notice, at least once each week for two consecutive weeks, in a newspaper of general circulation in both Montgomery County and the county in which the last known address, if available, of the owner, if known, is located.

(b) The published notice shall contain the following:

1. A description of the property

2. The name, if known, and last known address of the owner

3. A request that all persons who may have any knowledge of the location of the owner provide written notice to the Commission

4. A statement that if written assertion of title is not presented by the owner to the Commission within ninety days from the date of the last published notice, the property shall be deemed donated and shall become the property of the Commission.

Ala. Admin. Code r. 460-X-13-.05

New Rule: Filed September 13, 2012; effective October 18, 2012.

Author: William D. Little, Clyde Eller

Statutory Authority:Code of Ala 1975, § 41-9-249(7) a.