MoA - Finding Flashcards
Who is the “owner of locus in quo”?
Owner of locus in quo (OLIQ) is the owner of the land where property was found
For found property, what must first be determined?
If the property is a (1) special object and if any (2) estray statute (IL) applies.
If none applies, write: “since no facts suggests that the property is a special object or that any estray statutes apply, the common law result must be analyzed”
What are the three categories for Finding under common law system?
1) Lost
2) Mislaid
3) Abandoned
Rule for LOST property
Lost: item was not intentionally placed where it was found.
Rule: finder wins against all, but true owner
Rule for MISLAID property
Mislaid: item was intentionally placed where it was found, but owner accidentally left it there.
Rule: OLIQ wins against all, but true owner
Rule for ABANDONED property
Abandoned: owner intended to give up item and left item.
To determine if abandoned, check:
1) value of item
2) amount of time passed
Rule: finder wins against all
Complication for lost property and OLIQ
The OLIQ will have right to item above finder IF item was:
1) found in OLIQ’s private area
2) attached to the ground
How to strengthen finder’s argument:
Finder
1) acted in good faith to try to find the true owner
2) was not trespassing
What happens if an employee finds something?
Depends.
If found within the scope of agency/employment, item goes to employer
Can argue for employee that he acted in good faith and was not trespassing
What is a “special object”?
Treasure trove, shipwreck, ancient artifacts
What are estray statutes (IL statute)?
Beats out true owner and usually OLIQ
How to strengthen OLIQ’s argument:
1) Possession of land
2) High level of exclusivity (to keep others away)
3) Item was attached to the land or underground
Steps of analysis for finding:
1) Is it a special object?
2) Does estray statute apply?
3) Determine if item was lost, mislaid, or abandoned
[tell a story]
4) OLIQ?
5) Agency/employment?
6) Finder’s good faith/trespass?
