§164. Public sale of abandoned property
A. Except as otherwise provided in this Section, the administrator, within
three years after the receipt of abandoned property, may sell it to the highest bidder
at public sale at a location in the state which in the judgment of the administrator
affords the most favorable market for the property. The administrator may decline
the highest bid and reoffer the property for sale if the administrator considers the bid
to be insufficient. The administrator need not offer the property for sale if the
administrator considers that the probable cost of sale will exceed the proceeds of the
sale. A sale held under this Section shall be preceded by a single publication of
notice, at least three weeks before sale, in a newspaper of general circulation in the
parish in which the property is to be sold.
B. Securities listed on an established stock exchange shall be sold at prices
prevailing on the exchange at the time of sale. Other securities may be sold over the
counter at prices prevailing at the time of sale or by any other method the
administrator considers reasonable.
C. Securities constituting stock or other interest in a business association
shall be held for at least three years before being sold and all other securities shall be
held for at least one year before being sold, unless the administrator considers an
earlier sale to be in the best interest of the state.
D. If securities constituting stock or other interest in a business association
are sold by the administrator before the expiration of three years from their delivery
to the administrator, a person making a claim under this Chapter before the end of the
three-year period is entitled to the proceeds of the sale of the securities or the market
value of the securities at the time the claim is made, whichever is greater, plus
dividends, interest, or other increments thereon up to the time the claim is made, less
any deduction for expenses of sale. A person making a claim under this Chapter after
the expiration of the three-year period is entitled to receive the securities delivered
to the administrator by the holder, if they still remain in the custody of the
administrator, or the net proceeds received from sale, and is entitled to receive any
dividends, interest, or other increments thereon occurring after delivery to the
administrator.
E. A purchaser of property at a sale conducted by the administrator pursuant
to this Chapter takes the property free of all claims of the owner or previous holder
and of all persons claiming through or under them. The administrator shall execute
all documents necessary to complete the transfer of ownership.
F. The provisions of this Section do not apply to digital assets.
Acts 1988, No. 1006, §1, eff. Aug. 1, 1988; Acts 1992, No. 1119, §1; Acts
1997, No. 809, §1, eff. July 10, 1997; Acts 2026, No. 891, §1, eff. Jan. 1, 2026.