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District of Columbia Code Division VII. Property. § 41-309. Return of property.

Current as of January 01, 2024 | Updated by Findlaw Staff

(a) Property that is returnable under this chapter shall be returned to the owner.

(b) The owner shall acknowledge receipt and possession of each item of returnable property by reference to the specific property identification number assigned to the item pursuant to § 41-303(b)(1)(C). No receipt of acknowledgement shall be valid until the owner has viewed the item and confirmed that it is the item seized and returnable and that any returnable items contained within the item are also present and being returned.

(c)(1) No later than 6 months after the property is returned to the owner, the owner of returned property may make a claim against the District for:

(A) Total loss of property caused by the intentional or negligent conduct of the District or its employees;

(B) Any damage caused by the intentional or grossly negligent conduct of the District or its employees; provided, that wear and tear, decay, corrosion, act or omission of a third party other than employee of the District, or act of God shall not be subject to this subparagraph; or

(C) In the case of property disposed of pursuant to § 41-303(e)(1), the difference between the sale proceeds or compensation for disposal and the fair market value of the property at the time of seizure.

(2) For the purposes of paragraph (1)(B) of this subsection, the term “grossly negligent” shall have the same meaning as the term “gross negligence” as defined in § 5-119.11.

(3) For the purposes of § 12-309, damages are sustained on the date the property is returned to the owner.

(d) When the owner acknowledges receipt and possession of returnable property pursuant to subsection (b) of this section, the District shall provide written explanation of the requirements, procedures, and deadlines to make a claim pursuant to subsection (c) of this section.

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Cite this article: FindLaw.com - District of Columbia Code Division VII. Property. § 41-309. Return of property. - last updated January 01, 2024 | https://codes.findlaw.com/dc/division-vii-property/dc-code-sect-41-309/

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