Michigan Laws 434.27 – Jurisdiction; filing claim; hearing; notice; burden of establishing ownership; decision; liability for noncompliance
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(1) The following courts shall have jurisdiction regarding a dispute concerning the legal ownership of any found property:
(a) A district court.
Terms Used In Michigan Laws 434.27
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- person: may extend and be applied to bodies politic and corporate, as well as to individuals. See Michigan Laws 8.3l
- Property: means anything which is the subject of ownership and is corporeal, tangible, visible, or personal, or that has an exchange value. See Michigan Laws 434.21
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o
(b) A municipal court.
(c) A circuit court, if the amount in controversy exceeds $10,000.00.
(2) When a dispute concerning the ownership of found property arises, any person claiming ownership of the property may file a claim in 1 of the above courts having jurisdiction.
(3) Upon receipt of the claim of ownership, the court shall do both of the following:
(a) Schedule a hearing to be held within 30 days of the filing of the claim for the purpose of determining the ownership of the property.
(b) Notify all persons claiming ownership of the property and the law enforcement agency of the date, time, and location of the hearing.
(4) The person claiming ownership of the property who files a claim shall have the burden of establishing ownership of the property at the hearing.
(5) The court shall make a decision within 10 days after the hearing as to the legal ownership of the property.
(6) Notwithstanding any other law, a state, county, city, municipality, township, governmental agency, or person shall not be criminally or civilly liable for complying with this act.