Summary of State Lost Property Statutes
The statutes listed below represent the approximately 20 states that have enacted laws governing the disposition of lost property. These statutes typically require a finder to report and/or relinquish the found property to local authorities, publish the find in a local publication, and wait a statutorily proscribed time period prior to asserting ownership.
In essence, these enactments override or supplement the common law rule that a finder's interests are always subordinate to the true owner's. In fact, it is said the goal under common law is to reunite the lost property with its true owner. Not all states have enacted such laws; in those states without a statutory scheme, the common law rule applies.
It is unclear whether any of these codes would apply when the "lost property" is a companion animal. In fact, two states specifically exclude animals from their provisions (in part perhaps because the legislature considered the term "animal" to be a commercial animal rather than a cat or dog).
In any event, no state has enacted provisions that specifically cover the issue of a lost dog. Thus, it may be argued that the traditional common law rule of original ownership applies. One Vermont court has suggested instead that public policy interests govern this unique area of property law.
Where a finder has made reasonable efforts to locate the owner by posting notices, contacting law enforcement officials, and employing other means, he or she may claim ownership to a lost pet after a reasonable period of time. However, until more state courts are faced with this issue, or until state legislatures undertake the opportunity to delineate a clear legislative procedure, the issue of lost dog is unclear.
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