UNCLAIMED AND ABANDONED PROPERTY

M.G.L. pt. Part I, tit. Title XX, ch. c. 135

in effect

M.G.L. c. 135, § 1 Sale by common carriers of unclaimed baggage at public auction; notice

c. 135, § 1. Sale by common carriers of unclaimed baggage at public auction; notice Section 1. Common carriers engaged in the transportation of passengers may sell baggage left unclaimed in their possession for a period of one hundred and twenty days at public auction, after publication of notice of such sale once a week for five successive weeks in a newspaper published in the city or town where said sale is to take place. The net proceeds of such sale, after deducting storage and other charges and all expenses of the sale, shall be paid over to the commonwealth.

M.G.L. c. 135, § 5 Perishable products; sale without advertising; notice; proceeds

c. 135, § 5. Perishable products; sale without advertising; notice; proceeds Section 5. When a common carrier has transported fresh meats, fresh fish, shellfish, fruit or vegetables to their destination, such carrier may, in the exercise of a reasonable discretion, after notice to the owner or consignee thereof of the arrival of such goods and his refusal or omission to pay the freight and proper charges thereon and to receive and take them away, or without such notice and refusal or omission if such owner or consignee thereof cannot, on reasonable inquiry, be found, sell the same at public or private sale without advertising. The proceeds thereof, after deducting the amount of the freight thereon and the charges and expenses of sale, shall be paid to the owner or consignee.

M.G.L. c. 135, § 6 Unclaimed goods carried by railroad company, express or vessel; sale at public auction; publication; proceeds

c. 135, § 6. Unclaimed goods carried by railroad company, express or vessel; sale at public auction; publication; proceeds Section 6. If goods carried by a railroad company, by express or in a vessel are not called for by the owner or consignee within one year after the date of their receipt at the place of consignment, they may be sold by public auction, notice of the time and place of sale, containing a descriptive list of all such goods with all such specific marks as may serve to identify the same, first being published once a week for three successive weeks in a newspaper, if any, published in the town where such sale is to take place, and also in the town to which they were consigned, otherwise in the newspaper published nearest thereto. The proceeds, after deducting costs of transportation, storage, advertising and sale, shall be paid to the owner, upon demand and satisfactory proof of ownership, within three years after the sale; otherwise to the commonwealth.

M.G.L. c. 135, § 7 Property taken by police officers from persons under arrest; disposition

c. 135, § 7. Property taken by police officers from persons under arrest; disposition Section 7. If property which has been stolen, lost, abandoned or taken from a person under arrest comes into the possession of a member of the police department of a city by virtue of his office, he shall deliver the same to the officer or member of the department designated by the rules thereof, and shall thereupon be relieved from further responsibility therefor. The officer or member to whom such property is so delivered shall give notice as provided in section one of chapter one hundred and thirty-four. The word ''city'' as used in this and the four following sections shall include town.

M.G.L. c. 135, § 8 Unclaimed property in possession of police department; sale at public auction; notice

c. 135, § 8. Unclaimed property in possession of police department; sale at public auction; notice Section 8. If such property remains unclaimed in the possession of such police department or member thereof for one month and the owner thereof or his place of abode or business is unknown, or if the owner and his place of abode or business are known and the owner, after receipt by registered mail of a written notice from such department or member to take possession of said property, refuses or fails for a period of ten days following said receipt so to do, such department may sell the same, excepting money unclaimed, by public auction or any other licensed auction service, including sale over the Internet, notice of the time and place of sale, with a description of the property to be sold, first being given by publishing the same once in each of three successive weeks in a newspaper published in such city. Any violation of the provisions of this section shall be punished by a fine of not less than fifty nor more than one hundred dollars and by forfeiture of any such property obtained as a result of such violation.

M.G.L. c. 135, § 9 Sale of perishable property; notice

c. 135, § 9. Sale of perishable property; notice Section 9. Such property, if perishable or liable to deteriorate greatly in value by keeping or the value of which will probably be less than the expense of keeping the same, may be sold by public auction within said two months in accordance with the rules of the department, reasonable notice of the time and place of sale first being given by publishing the same in a newspaper published in such city.

M.G.L. c. 135, § 10 Proceeds of sale

c. 135, § 10. Proceeds of sale Section 10. The proceeds of such sale, or the balance of such unclaimed money, after deducting all reasonable charges and expenses incurred on such property, shall be paid into the city treasury.

M.G.L. c. 135, § 11 Payment of proceeds to owner upon application and proof of ownership

c. 135, § 11. Payment of proceeds to owner upon application and proof of ownership Section 11. If, within two years and two months after such money has come into the possession of a member of the police department of a city or within two years after such sale of other property, the owner claims and proves ownership thereof, the unclaimed balance of such money or the proceeds of such sale, after deducting all reasonable charges and expenses, shall be paid to him, upon the order of the head of such department.

M.G.L. c. 135, § 12 Removal of timber carried away by flood; payment of damages

c. 135, § 12. Removal of timber carried away by flood; payment of damages Section 12. The owner of a log, mast, spar or other timber carried by flood into land adjoining any river, stream or pond may, within six months, remove the same from said land upon paying or tendering to the owner or occupant thereof such reasonable damages as may be caused by such removal; and if he does not so remove it within said six months, or otherwise agree with the owner or occupant of such land, it shall be the property of such owner or occupant.

Source: Massachusetts General Court (malegislature.gov)URL: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXX/Chapter135Fetched: 10/20/2026