North Dakota Code 47-30.2-37 – (608) Administrator’s option as to custody
1. The administrator may decline to take custody of property reported under section 47-30.2-21 if the administrator determines that:
Terms Used In North Dakota Code 47-30.2-37
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Property: includes property, real and personal. See North Dakota Code 1-01-49
a. The property has a value less than the estimated expenses of notice and sale of the property; or
b. Taking custody of the property would be unlawful.
2. A holder may pay or deliver property to the administrator before the property is presumed abandoned under this chapter if the holder:
a. Sends the apparent owner of the property notice required by section 47-30.2-26 and provides the administrator evidence of the holder’s compliance with this subsection; b. Includes with the payment or delivery a report regarding the property conforming to section 47-30.2-22; and
c. First obtains the administrator’s consent in a record to accept payment or delivery.
3. A holder’s request for the administrator’s consent under subdivision c of subsection 2 must be in a record. If the administrator fails to respond to the request within thirty days after receipt of the request, the administrator is deemed to consent to the payment or delivery of the property and the payment or delivery is considered to have been made in good faith.
4. On payment or delivery of property under subsection 2, the property is presumed abandoned.