This chapter sets forth the procedure for the Port Gamble S’Klallam Tribe to seek a declaration of abandonment from the Community Court and for disposal of property abandoned on the Port Gamble S’Klallam Reservation or within the usual and accustomed hunting and fishing grounds of the Port Gamble S’Klallam Tribe.
(Res. 84 A 03, 2/14/1984. Abandonment is distinguished from forfeiture in that abandonment is voluntary in nature while forfeiture is generally an enforced, involuntary loss; Res. 21 A 077, 6/14/2021 amended this section to include the Tribe’s U&A within the scope of the code.)
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Cross Reference: Section 17.09.21, Forfeiture of Property – Owner Known.
Unless otherwise specified under this Code, the Port Gamble S’Klallam Tribe shall notify the last known owner of any property apparently abandoned in seeking a declaration of abandonment for the purpose of disposing of the property. The notice shall include the location and description of the property, the date it was apparently abandoned, the address and telephone number where additional information is available and a statement that if the property is not claimed within forty-five (45) days the Tribe will request the Community Court to declare it to be abandoned and will dispose of the property. The notice shall be sent by certified mail, return receipt requested, to the person’s last known address.
(Res. 84 A 03, 2/14/1984)
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Cross Reference: Section 9.5.06 provides for notice to be attached to apparently abandoned motor vehicles.
If the last known owner makes no attempt to claim the property within the time specified in the notice, the Tribe may file an action in the Community Court for a declaration of abandonment. The procedure shall conform to the rules for civil actions under this Code. If the Court finds that the property has been abandoned, it shall issue a declaration to that effect and shall authorize the Port Gamble S’Klallam Tribal Council to dispose of the property as it sees fit. The Tribe shall be entitled to recover from the last known owner the costs of bringing the action, including attorney’s fees and the cost of disposing of the abandoned property.
(Res. 84 A 03, 2/14/1984; Res. 00 A 045, 6/12/2000 amended this section to allow the Tribe to recover costs of bringing the action and of disposing of the property.)