Highland Homes Ltd. v. State

The Unclaimed Property Act (UPA) protects the property rights of identifiable *413owners whose property cannot be delivered or returned because the owner cannot be found. Melton v. State, 99B S.W.2d 95, 97-98 (Tex.1999). Generally, when those circumstances persist for three years, the property in the possession of another is presumed abandoned by its owner and must be turned over to the State for safekeeping under the UPA. Tex. Prop.Code § 72.101. The State then assumes responsibility for holding the property until the rightful owner can be located. Id. § 74.304.

Texas Rule of Civil Procedure 42,…