/ May 3, 2012

Someone Got Their Smart On!

In response to yesterday’s blog regarding the case involving 2 Sharons and 1 Lottery ticket, the majority of you sided with Sharon 2 claiming Sharon 1 abandoned the ticket when she threw it in the trash. One awesome Fastcase blog reader took it a step further with the following answer:

“Sharon 1 is the rightful owner of the ticket according to Ark. Code 18-28-202 (a)(14) which states that abandoned property can be claimed for up to 5 years.

Sharon 2 has no claim to the property now that Sharon 1 has made herself known. Ark. Code 18-28-207 (e) states that the holder of the property (Sharon 2) must contact the apparent owner (Sharon 1) if the owner is indeed known. Thus Sharon 2 could have kept the ticket if Sharon 1 had not gone public.

The convenience store owner has no claim to the property. Arkansas has yet to pass a statute allowing residents to implicitly claim ownership via trash receptacles.

Ark. Code 18-28-202 on Fastcase

Ark. Code 18-28-207 on Fastcase. “

Clearly, someone got their smart on. To the owner of this response, please send us your contact information at support@fastcase.com. We’ll be sending you one of our exclusive “Get Your Smart On” t-shirts. Thanks to everyone who responded and be sure to continue responding. If you’re as cool as this guy we’ll send you a t-shirt too!

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