2007 Minnesota Statutes

246.16 UNCLAIMED MONEY OR PERSONAL PROPERTY.
    Subdivision 1. Unclaimed money. When money has accumulated in the hands of the head
of the state-operated services facility or designee under the jurisdiction of the commissioner
of human services money belonging to patients or residents of the institution who have died
there, or disappeared from there, and for which there is no claimant or person entitled to the
money known to the head of the state-operated services facility or designee the money may, at
the discretion of the head of the state-operated services facility or designee, be expended under
the direction of the head of the state-operated services facility or designee for the benefit of the
patients or residents of the institution. No money shall be used until it has remained unclaimed
for at least five years. If, at any time after the expiration of the five years, the legal heirs of the
patients or residents appear and make proper proof of heirship, they shall be entitled to receive
from the state the sum of money expended by the head of the state-operated services facility or
designee belonging to the patient or resident.
    Subd. 2. Unclaimed personal property. When any patient or resident of a state-operated
services facility under the jurisdiction of the commissioner of human services dies or disappears
from the state-operated services facility, leaving personal property exclusive of money in the
custody of the head of the state-operated services facility or designee and the property remains
unclaimed for a period of two years, with no person entitled to the property known to the head of
the state-operated services or designee, the head of the state-operated services facility or designee
may sell the property at public auction. Notice of the sale shall be published for two consecutive
weeks in a legal newspaper in the county where the state-operated services facility is located and
shall state the time and place of the sale. The proceeds of the sale, after deduction of the costs
of publication and auction, may be expended, at the discretion of the head of the state-operated
services facility or designee, for the benefit of the patients or residents of the state-operated
services facility. Any patient or resident, or heir or representative of the patient or resident, may file
with, and make proof of ownership to, the head of the state-operated services facility or designee
of the state-operated services facility disposing of the personal property within four years after
the sale, and, upon satisfactory proof to the head of the state-operated services or designee, shall
certify for payment to the commissioner of finance the amount received by the sale of the property.
No suit shall be brought for damages consequent to the disposal of personal property or use of
money in accordance with this section against the state or any official, employee, or agent thereof.
History: (4440) 1905 c 199 s 1; 1951 c 369 s 1; 1961 c 750 s 16 subd 1; 1984 c 654 art 5 s
58; 1986 c 444; 2003 c 112 art 2 s 50; 1Sp2003 c 14 art 6 s 28