Kentucky Statutes 171.840 – Procedure to acquire title under KRS 171.836
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(1) After the provisions of KRS § 171.836(1) or (2) have been met, a museum may initiate proceedings pursuant to this section to cause title to the property to vest in the museum.
(2) (a) The museum shall attempt to notify the owner, pursuant to this subsection, of its intention to gain title to the property.
(b) The museum shall rely on its own records to determine the most recent address of the last known owner. The property owner shall have the responsibility of notifying the museum in writing of the property owner’s change of address or a change in ownership of the property.
1. Except as provided in subparagraph 2. of this paragraph, the museum shall mail, by certified mail, return receipt requested, the notice, described in paragraph (d) of this subsection, to the last known owner’s last known address.
2. If the museum is unable to identify either a last known owner or an address for that person, the museum shall follow the procedures in paragraph (c) of this subsection to provide notice.
(c) If the museum is unable to locate the owner of the property pursuant to paragraph (b) of this subsection, the museum shall follow the publication requirements of this paragraph. The museum shall publish the notice, described in paragraph (d) of this subsection, at least twice each week for two (2) consecutive weeks:
1. In a newspaper published in Kentucky with statewide circulation;
2. In a newspaper published, and with statewide circulation, in the state of the last known address of the last known owner, if that state is known. If the last known address of the last known owner is in Kentucky, the notice shall still be published in two (2) newspapers of statewide circulation; and
3. In a newspaper of less than statewide circulation published in the local area from which the museum acquired the property.
(d) The notices referred to in this subsection shall contain:
1. The museum’s name, address, and telephone number;
2. A detailed description of the property;
3. The last known owner’s name, if that information is available;
4. The last known owner’s last known address, if that information is available;
5. A request that all persons who may have any knowledge of the whereabouts of the owner contact the museum and provide the information; and
6. A statement that if written assertion of title is not presented to the museum within six (6) months from the date of the final published notice, the title to the property shall vest in the museum, subject to KRS
171.843.
Effective: July 15, 1996
History: Created 1996 Ky. Acts ch. 368, sec. 4, effective July 15, 1996.
(2) (a) The museum shall attempt to notify the owner, pursuant to this subsection, of its intention to gain title to the property.
Terms Used In Kentucky Statutes 171.840
- Certified mail: means any method of governmental, commercial, or electronic delivery that allows a document or package to have proof of:
(a) Sending the document or package. See Kentucky Statutes 446.010 - Owner: when applied to any animal, means any person having a property interest in such animal. See Kentucky Statutes 446.010
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
(b) The museum shall rely on its own records to determine the most recent address of the last known owner. The property owner shall have the responsibility of notifying the museum in writing of the property owner’s change of address or a change in ownership of the property.
1. Except as provided in subparagraph 2. of this paragraph, the museum shall mail, by certified mail, return receipt requested, the notice, described in paragraph (d) of this subsection, to the last known owner’s last known address.
2. If the museum is unable to identify either a last known owner or an address for that person, the museum shall follow the procedures in paragraph (c) of this subsection to provide notice.
(c) If the museum is unable to locate the owner of the property pursuant to paragraph (b) of this subsection, the museum shall follow the publication requirements of this paragraph. The museum shall publish the notice, described in paragraph (d) of this subsection, at least twice each week for two (2) consecutive weeks:
1. In a newspaper published in Kentucky with statewide circulation;
2. In a newspaper published, and with statewide circulation, in the state of the last known address of the last known owner, if that state is known. If the last known address of the last known owner is in Kentucky, the notice shall still be published in two (2) newspapers of statewide circulation; and
3. In a newspaper of less than statewide circulation published in the local area from which the museum acquired the property.
(d) The notices referred to in this subsection shall contain:
1. The museum’s name, address, and telephone number;
2. A detailed description of the property;
3. The last known owner’s name, if that information is available;
4. The last known owner’s last known address, if that information is available;
5. A request that all persons who may have any knowledge of the whereabouts of the owner contact the museum and provide the information; and
6. A statement that if written assertion of title is not presented to the museum within six (6) months from the date of the final published notice, the title to the property shall vest in the museum, subject to KRS
171.843.
Effective: July 15, 1996
History: Created 1996 Ky. Acts ch. 368, sec. 4, effective July 15, 1996.