§ 32-19-41 — Abandoned personal property - Disposal by record title owner

1. If real property is adjudicated to be abandoned by an affidavit under section
32-19-23.1 or by a petition under section 32-19-19, the grantee in a sheriff's deed that
has been recorded, or after receipt and recording of a deed in lieu of foreclosure, may
retain and dispose of, without legal process, any personal property left on the real
property.
2. If the real property is not adjudicated to be abandoned by an affidavit under section
32-19-23.1 or by a petition under section 32-19-19, the grantee may retain and
dispose of, without legal process, any personal property left on the real property thirty
days after the issuance of a sheriff's deed.
3. If the total estimated value of personal property under subsection 2 is five hundred
dollars or more, the record title owner shall make reasonable efforts to notify in writing
the mortgagor or person who was entitled to possession of the real property during the
redemption period by certified mail at least fifteen days before disposing of the
personal property. Service by mail is complete upon mailing.
4. The record title owner is entitled to the proceeds from the sale of the personal
property, after all costs incidental to removal, storage, disposal, and sale of the
property have been deducted.
5. This section applies only to tracts of land not exceeding forty acres [16.19 hectares].
6. If the record title owner cannot be located, any remainder from the proceeds of a sale
must be delivered to the administrator of the state abandoned property office in
accordance with chapter 47-30.2.