A classic trope in literature and film is the Bank Robber that hides the money. He gets caught, tried, and does 9 years in the penitentiary. Gets out, and digs up the money for a somewhat happy ending.
I realize ownership of the money doesn’t transfer over time. It’s still the banks money. Could the ex con get charged with bank robbery all over again if he digs up the money? What if he gives it to a charity?
Or, say I buy an old farm. Tear down the barn and under the rubble find a sack of bills and gold eagles left behind by John Dillinger. It’s old money and dated from the 1930’s. Can I catch the first plane to Vegas?
What about property such as jewelry, or other household items a burglar might take. If he’s convicted and serves his sentence. Can he be charged for digging up that old bag of jewelry? What charge applies?
I can see Treasure Trove working if someone randomly finds something of value on their property. I’ve heard stories all my life of depression era farmers hiding wads of bills in glass Mason Jars and burying them. If the lids were sealed in canning wax, there’s no reason the bills should degrade at all. Even 75 years later.
The bank robber or burglar is a little different because they are retrieving something they hid before getting caught and sent to prison. But, in some cases it might be 10 or even 20 years later. Perhaps the statue of limitations applies?
It wouldn’t be “treasure trove” because the legal owner is known: the bank, or from whomever the money was stolen. The culprit has already been tried and convicted. The correct course of action is for the bank (or victim) to file a civil suit for conversion or whatever the local laws call it.
If the statute of limitations for robbery or theft has expired you can’t be criminally tried for having it*, but I have no idea if there’s any limit on how long afterward the bank (for example) could sue you in civil court for the return of the money.
*On the other hand, district attorneys can be extremely ingenious in finding prosecutable statutes and novel legal interpretations- “ongoing criminal enterprise” for example.
I’m sure that a S/L exists for the civil action (what civil action doesn’t have one?), but it is possible that it would be tolled while the felon is imprisoned. Other reasons for tolling the S/L are possible.
Well, in my case… IF I’d found a cigar box hidden in my basement ceiling after I’d moved into our present house, and IF I’d sounded out the previous owner and HE didn’t know anything about it, and IF it contained $375,000… I might have deposited it into a number of different accounts in small amounts over a period of years… And I might have “flown under the radar”, so to speak, without any notice from the “revenoors” or any banks.
The general rule is that the finder of property in a public place (not private place) has better title to the property overy anybody else except the real owner. If in a private place, as your basement, the owner of the land has the better title. Either way, you win. However, in your case, you should also contact the recent owners (not just the previous), and if all denied knowledge, then it is legally yours. But you can bet your bottom dollar, not all will deny knowledge even if they knew nothing about it.