Title 66, Property

(1) If a person does not file a report required by § 66-29-123, or the treasurer believes that a person may have filed an inaccurate, incomplete, or false report, the treasurer may require the person to file a verified report on a form prescribed by the treasurer. The report must…

(1) The treasurer, at reasonable times and upon providing reasonable notice, may:(1) Examine the records of a person to determine whether the person has complied with this part, including appropriate records in the possession of an agent of the person under examination, if such r…

(a) The treasurer shall prescribe by rule procedures and standards for an examination under § 66-29-157, including procedures and standards for the use of an estimation, extrapolation, and statistical sampling during an examination. (b) An examination under § 66-29-157 must be pe…

(a) Records obtained in the course of conducting an examination under § 66-29-157, including work papers compiled by the treasurer or the treasurer's agents, employees, or designated representatives, and any information that identifies the fact that a particular person, instituti…

(a) A record of a putative holder showing an unpaid debt or undischarged obligation is prima facie evidence of the debt or obligation. (b) A putative holder may establish by a preponderance of the evidence that there is no unpaid debt or undischarged obligation with respect to su…

If a person subject to examination under § 66-29-157 does not retain the records required by § 66-29-126, the treasurer may determine the amount of property due using a reasonable method of estimation based on all information available to the treasurer, including extrapolation an…

(1) At the conclusion of an examination under § 66-29-157, unless waived in writing by the person being examined, the treasurer shall provide to the person whose records were examined a complete and unredacted examination report, which must identify in detail:(1) The work perform…

(a) If a person subject to examination under § 66-29-157 believes the person conducting the examination has made an unreasonable or unauthorized request or is not proceeding expeditiously to complete the examination, the person in a record may ask the treasurer to intervene and t…

(a) The treasurer may contract with a person to conduct an examination under this part. The treasurer shall make any contract entered into under this section available for public inspection during normal business hours. (b) Not less than sixty (60) days before contracting with a …

(a) Not later than four (4) months after the end of a fiscal year, the treasurer shall compile and submit a report to the governor, comptroller of the treasury, speaker of the senate, and speaker of the house of representatives which must contain the following information for the…

If the treasurer determines from an examination conducted under § 66-29-157 that a putative holder has failed or refused to pay or deliver property to the treasurer which is reportable under this part, the treasurer shall issue a determination of the putative holder's liability w…

(a) Not later than thirty (30) days after receipt of a notice of determination of liability under § 66-29-166 a putative holder may request an informal conference with the treasurer to review the determination. The treasurer may designate an employee to act on behalf of the treas…

A putative holder may seek relief from a determination under § 66-29-166 by seeking judicial review of the determination under § 66-29-169.

(a) Not later than ninety (90) days after receiving notice of the treasurer's determination under § 66-29-166, the putative holder may:(1) File an action against the treasurer in the chancery court for Davidson County challenging all or part of the treasurer's determination of li…

(a) When a determination under § 66-29-166 becomes final, and after the period for filing an action under § 66-29-169, the treasurer may commence an action in the chancery court for Davidson County or in an appropriate court of another state to enforce the determination and secur…

(1) The treasurer may:(1) Securely exchange information with another state or foreign country relating to property presumed abandoned or relating to the possible existence of property presumed abandoned; and(2) Authorize in a record another state or foreign country, or a person a…

(a) The treasurer, with the approval of the attorney general and reporter, may join other states or foreign countries to examine and seek enforcement of this part against any person believed to be holding property reportable under this part. (b) On request of another state or for…

Except as otherwise provided in §§ 66-29-174 and 66-29-175, the treasurer may assess against a holder who fails to report, pay, or deliver property within the time prescribed by this part a civil penalty of two hundred dollars ($200) for each day the duty is not performed, up to …

(a) If a holder enters into a contract or other arrangement for the purpose of evading an obligation under this part, or otherwise willfully fails to perform a duty imposed on the holder under this part, the treasurer may assess against the holder a civil penalty of one thousand …

The treasurer has the authority to not assess or to waive any penalty under § 66-29-173 or § 66-29-174.

(a) An agreement with an owner whereby the owner is to pay a fee or other remuneration for locating, delivering, recovering, or assisting in the recovery of property that has not yet been reported to the treasurer under this part is enforceable only if the agreement:(1) Is in wri…

(a) An apparent owner that contracts with a person to locate, deliver, recover, or assist in the location, delivery, or recovery of property of the apparent owner that is held by the treasurer may appoint or designate the person as the apparent owner's agent. The appointment or d…

(a) Information that is confidential under any law of this state other than this part, another state, or the United States, including personally identifying information, as that term is defined in § 10-7-504(a)(29)(C), and personal information, as that term is defined in § 47-18-…

(1) A person to be examined under § 66-29-157 may require, as a condition of disclosing the person's records, that the treasurer or the treasurer's agent who has access to the records disclosed in the examination execute and deliver to the person to be examined a confidentiality …

A holder is not required under this part to include confidential information in a notice the holder is required to provide to an apparent owner under this part.

(a) If a holder is required to include confidential information in a report to the treasurer, the information must be provided in a secure manner. (b) If confidential information in a record is provided to and maintained by the treasurer and the treasurer's agent as required by t…

In applying and construing this part, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among the states that enact it.

Except as otherwise provided in this section, this part modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act (15 U.S.C. § 7001 et seq.). This part does not modify, limit, or supersede Section 101(c) of the Act (15 U.S.C. § 7001(c)), or aut…

(a) An initial report filed under this part for property that was not required to be reported before July 1, 2017, but that is required to be reported under this part after July 1, 2017, must include all items of property that would have been presumed abandoned during the ten-yea…

This part shall be known and may be cited as the “Abandoned Cultural Property Act.”

(1) As used in this part, unless the context otherwise requires:(1) “Abandoned cultural property” means cultural property meeting the following three (3) conditions:(A) The property shall have been deposited with a museum, historical society, or similar not-for-profit institution…

(a) Any abandoned cultural property held by a museum to which no person has made claim shall be deemed to be abandoned. (b) A museum holding abandoned cultural property shall publish in at least one (1) newspaper of general circulation in the county in which the institution is lo…

This part shall control the procedure and disposition of any property to which it applies in lieu of any other procedure prescribed by law including the Uniform Unclaimed Property Act, compiled in part 1 of this chapter.

(1) As used in this part:(1) “Abandoned aircraft” means:(A) An aircraft left in a wrecked, inoperative, or partially dismantled condition on a public-use airport; and(B) An aircraft that has remained in an idle state on a public-use airport for forty-five (45) consecutive calenda…

(a) If a derelict or abandoned aircraft is discovered on a public-use airport, whether or not the public-use airport is under a lease or license to a third party, the airport authority shall:(1) Make a record of the date the aircraft was discovered on the public-use airport; and(…

(a) If, after thirty (30) calendar days of the owner or other interested party receiving the notice or after thirty (30) calendar days of posting the notice on the aircraft, the owner or other interested party has not removed the aircraft from the airport and paid in full all acc…

(a) The airport authority shall have a lien on a derelict or abandoned aircraft for all unpaid fees and charges for the use of the airport by the aircraft and for all unpaid costs incurred by the airport authority for the transportation, storage, and removal of the aircraft. As a…

(a) If the aircraft is sold, the airport authority shall satisfy the airport authority's lien, plus the reasonable expenses of notice, advertisement, and sale, from the proceeds of the sale. (b) The balance of the proceeds of the sale, if any, shall be held by the airport authori…

(a) Any person acquiring a legal interest in an aircraft under this part shall be the lawful owner of the aircraft and all other legal or equitable interests in that aircraft shall be divested; provided, that the holder of any legal or equitable interest was notified of the inten…