ALLcrimesfood&drugstaxestelecomcommercehealthconservationtransportationagricultureveteransbrowse all titles »
0

38 U.S.C. § 8506 — Notice of sale

submitted 68 years ago by Pub. L. 85-857 to r/title-38-VETERANS-BENEFITS · 164 words · no verdicts yet

in plain englishAI-generated · not legal advice

Before selling unclaimed veteran property, the Department must give at least 90 days' written notice. It mails notice to the owner, their executor, or next of kin if known. If no one is known, it posts notices at set locations instead.

At least 90 days before selling any property under this subchapter, the Department must send written or printed notice describing the property. It mails this notice to the property's owner. If the owner has died, it mails the notice to the owner's executor or administrator instead, or to the nearest known relative if Department records show one.

If none of these people can be found in the records, the Department posts a notice instead. It posts the notice at the facility where the veteran died or where the property was found (if the facility still exists), at the place where the property currently sits, and at the place in the county where probate notices are normally posted.

Whoever posts the notice must sign an affidavit — a sworn written statement — saying when and where they posted it, and attach a copy of the notice. That affidavit counts as strong first-look evidence, admissible in court, that the posting happened.

the actual law source: uscode.house.gov ↗public domain

At least ninety days before any sale pursuant to this subchapter, written or printed notice thereof describing the property to be sold shall be mailed to the owner of the property or, if deceased, to the owner’s executor or administrator, or to the nearest kin, if any such appear by the records of the Department. If none such appears from said records, similar notice shall be posted at the facility where the death occurred or property shall have been found (if in existence) and at the place where such property is situated at the time of such notice, and also at the place where probate notices are posted in the county wherein the sale is to be had. The person posting such notice shall make an affidavit setting forth the time and place of such posting and attaching thereto a copy of such notice, and such affidavit shall be prima facie evidence of such posting and admissible in evidence as proof of the same.

Source credit: (Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1258, § 5206; Pub. L. 99–576, title VII, § 701(97), Oct. 28, 1986, 100 Stat. 3300; renumbered § 8506, Pub. L. 102–40, title IV, § 402(b)(1), May 7, 1991, 105 Stat. 238; Pub. L. 102–83, § 4(a)(3), (4), Aug. 6, 1991, 105 Stat. 404.)

history & why it existsrecord from the source credit
  • 1958Enacted · Pub. L. 85-857 · 72 Stat. 1258
  • 1986Amended · Pub. L. 99-576 · 100 Stat. 3300
  • 1991Amended · Pub. L. 102-40 · 105 Stat. 238
  • 1991Amended · Pub. L. 102-83 · 105 Stat. 404

A history note hasn’t been published yet. The record shows enactment by Pub. L. 85-857 on 1958-09-02.

all 0 arguments · sorted by: best

0/280

no arguments yet — make the first case