WVC 34 -
CHAPTER 34. ESTRAYS, DRIFT AND DERELICT PROPERTY.
WVC 34 - 2 -
ARTICLE 2. DERELICT PROPERTY.
WVC 34 - 2 - 1
§34-2-1. Method of recovery of unclaimed residuum and derelict
The residuum of a decedent's estate, belonging to the state,
and any property derelict, or having no rightful owner, may be
recovered from any person in possession thereof, by a bill in
equity in the name of the state.
WVC 34 - 2 - 2
§34-2-2. Notice of suit.
When any such suit as is mentioned in the preceding section
is instituted, the court shall cause a publication to be made
setting forth the nature of the claim, the name and nativity
(when known) of the deceased person, or of the former owner of
the property, if known, as the case may be, and describing the
property or estate claimed, and requiring all persons claiming an
interest therein to appear and make themselves defendants, by a
given day of an ensuing term. Such publication shall be made as
a Class II legal advertisement in compliance with the provisions
of article three, chapter fifty-nine of this code, and the
publication area for such publication shall be the county in
which the seat of state government may be.
WVC 34 - 2 - 3
§34-2-3. Decree of title to state.
If, in such a suit as is mentioned in section one of this
article, no person appears to show title in himself, the court
shall decree the residuum or other property to the state, and
enforce the collection thereof, or of the proceeds of the sale of
such property. Any real property so decreed to the state shall be
remitted to the state auditor. Any personal property shall be
remitted to the state treasurer for disposition by public sale in
accordance with the provisions of section twelve, article eight,
chapter thirty-six of this code. The proceeds of the sale of any
such real property shall be deposited to the credit of the general
school fund. The proceeds of the sale of any such personal
property shall be deposited to the credit of the general fund.
WVC 34 - 2 - 4
§34-2-4. Recovery of money paid into state treasury under this
After any such decree for the payment of such residuum of a
decedent's estate, or the proceeds of the sale of any such
derelict property or property having no rightful owner, any
person who had not asserted a claim before the sale or decree,
who may be entitled to such residuum or derelict or other
property, may recover the net proceeds paid into the treasury
under such decree. The same may be allowed by the auditor, or,
if the claim be rejected by him, it may be recovered in the
manner provided in article two, chapter fourteen of this code,
for recovering claims against the state.
Note: WV Code updated with legislation passed through the 2014 1st Special Session
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