Propane Supplier Abandoned Tank

[GoodiePop]

CA. I notified my propane gas supplier that I purchased my own tank and that they needed to come pick theirs up. After 13 weeks passed and they had still not retrieved their property, I sent them a certified, return-receipt notification advising them that they had 1 additional week to retrieve their property. Failure to do so would result in a $25.00 per day storage fee being assessed to their property, and after 60 days, I would file in court to sell the tank for storage and legal fees. The company has still not responded in any way to my demand that they remove their tank from my property. Is this really something that I can achieve given the measures I've already taken in my attempt to get them to come get their tank?

 

[OHRoadwarrior]

Nope, that is not how the law works. Here are the relevant statutes. First I suggest you read the supplier contract for terms regarding the tank. It might be your responsibility to transport the tank to them.

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=civ&group=02001-03000&file=2080-2080.10

2080. Any person who finds a thing lost is not bound to take charge
of it, unless the person is otherwise required to do so by contract
or law, but when the person does take charge of it he or she is
thenceforward a depositary for the owner, with the rights and
obligations of a depositary for hire. Any person or any public or
private entity that finds and takes possession of any money, goods,
things in action, or other personal property, or saves any domestic
animal from harm, neglect, drowning, or starvation, shall, within a
reasonable time, inform the owner, if known, and make restitution
without compensation, except a reasonable charge for saving and
taking care of the property. Any person who takes possession of a
live domestic animal shall provide for humane treatment of the
animal.



2080.1. (a) If the owner is unknown or has not claimed the
property, the person saving or finding the property shall, if the
property is of the value of one hundred dollars ($100) or more,
within a reasonable time turn the property over to the police
department of the city or city and county, if found therein, or to
the sheriff's department of the county if found outside of city
limits, and shall make an affidavit, stating when and where he or she
found or saved the property, particularly describing it. If the
property was saved, the affidavit shall state:
(1) From what and how it was saved.
(2) Whether the owner of the property is known to the affiant.
(3) That the affiant has not secreted, withheld, or disposed of
any part of the property.
(b) The police department or the sheriff's department shall notify
the owner, if his or her identity is reasonably ascertainable, that
it possesses the property and where it may be claimed. The police
department or sheriff's department may require payment by the owner
of a reasonable charge to defray costs of storage and care of the
property.


2080.2. If the owner appears within 90 days, after receipt of the
property by the police department or sheriff's department, proves his
ownership of the property, and pays all reasonable charges, the
police department or sheriff's department shall restore the property
to him.



2080.3. (a) If the reported value of the property is two hundred
fifty dollars ($250) or more and no owner appears and proves his or
her ownership of the property within 90 days, the police department
or sheriff's department shall cause notice of the property to be
published at least once in a newspaper of general circulation. If,
after seven days following the first publication of the notice, no
owner appears and proves his or her ownership of the property and the
person who found or saved the property pays the cost of the
publication, the title shall vest in the person who found or saved
the property unless the property was found in the course of
employment by an employee of any public agency, in which case the
property shall be sold at public auction. Title to the property shall
not vest in the person who found or saved the property or in the
successful bidder at the public auction unless the cost of
publication is first paid to the city, county, or city and county
whose police or sheriff's department caused the notice to be
published.
(b) If the reported value of the property is less than two hundred
fifty dollars ($250) and no owner appears and proves his or her
ownership of the property within 90 days, the title shall vest in the
person who found or saved the property, unless the property was
found in the course of employment by an employee of any public
agency, in which case the property shall be sold at public auction.

 

[Zigner]

Nope, that is not how the law works. Here are the relevant statutes. First I suggest you read the supplier contract for terms regarding the tank. It might be your responsibility to transport the tank to them.

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=civ&group=02001-03000&file=2080-2080.10

This has to do with FOUND items. The OP is not talking about a found item.

 

[tranquility]

I agree with Zigner, this is not lost property. Even the abandoned property statues don't really seem to apply, not those having to do with commercial or residential tenants. With a little effort, I can't seem to find anything directly on point either. I suspect the OP will have to review his contract with the company when the tank was placed and find the best answer there.

 

[GoodiePop]

My now deceased step-father is the one that made the original agreement with this propane company. He is the one that agreed to, and signed their contract, (delivery options, tank rental agreement; etc.) When they were notified of his passing away, they continued service without presenting for inspection, nor obtaining a signature of agreement to any policies and procedures, rental agreements; etc. My mother, who was then the sole landowner, has no commitment or obligation whatsoever to this company, nor do I, as the secondary named landowner.

Personally I believe that they have been duly notified of the termination of services and an acceptable amount of time has since passed. I don't want their tank here on my property at all, but if push comes to shove, I want to know that I have the legal right to claim it under the law with a judges signature and that I would have the right to sell it.

 

[tranquility]

My now deceased step-father is the one that made the original agreement with this propane company. He is the one that agreed to, and signed their contract, (delivery options, tank rental agreement; etc.) When they were notified of his passing away, they continued service without presenting for inspection, nor obtaining a signature of agreement to any policies and procedures, rental agreements; etc. My mother, who was then the sole landowner, has no commitment or obligation whatsoever to this company, nor do I, as the secondary named landowner.

Personally I believe that they have been duly notified of the termination of services and an acceptable amount of time has since passed. I don't want their tank here on my property at all, but if push comes to shove, I want to know that I have the legal right to claim it under the law with a judges signature and that I would have the right to sell it.

Anything with a judge's signature will work out fine. But, getting that signature under these circumstances is unclear. I'd look to the original agreement for guidance. There are theories as to why you might be covered under it after accepting service. If push comes to shove, without that judge's signature on a court order, any act you take that is like ownership may be a tort of trespass to chattel or conversion--depending on how much you interfere with the owner's rights. One you pay for the damages and the other you buy the tank. Then, there is the breach of contract concept too. (Please don't repeat at how you didn't sign anything. I understand that.)

 

[GoodiePop]

(Please don't repeat at how you didn't sign anything. I understand that.)

I don't believe I've repeated myself about anything. Merely clarifying my statements so there is no confusion.

 

[tranquility]

I don't believe I've repeated myself about anything. Merely clarifying my statements so there is no confusion.

Sorry, I was anticipating an argument on the contractual issue. I didn't really want to get into all the theories as to why the landowner might be subject to the contract.

 

[GoodiePop]

**************... It might be your responsibility to transport the tank to them.

Surely you don't believe this. Do you? Are you aware that before anyone can legally transport a tank of this size, they must first have a commercial driver's license, must have passed the Dept. of Homeland Security's background check before a HazMat certification can be issued for their CDL?

Not just anyone can go driving down the highway willy-nilly with one of these things. Transportation of flammable gasses, fluid and gas forms, are all procedures that are dictated by the Federal guidelines (CFR's) for hazardous materials. The tank does not have to be empty to avoid falling under the authority of the Code of Federal Regulations. It just has to have the capacity to become dangerous.

 

[tranquility]

Surely you don't believe this. Do you? Are you aware that before anyone can legally transport a tank of this size, they must first have a commercial driver's license, must have passed the Dept. of Homeland Security's background check before a HazMat certification can be issued for their CDL?

Not just anyone can go driving down the highway willy-nilly with one of these things. Transportation of flammable gasses, fluid and gas forms, are all procedures that are dictated by the Federal guidelines (CFR's) for hazardous materials. The tank does not have to be empty to fall under the authority of the Code of Federal Regulations.

If you look around the internet, that is exactly what many of the companies seem to require. Well, not that you transport it but that you pay for the return or removal of the tank. Depending on the contract, it might very well be your responsibility.

 

[GoodiePop]

Well, not that you transport it but that you pay for the return or removal of the tank.

Very big difference here. I'm sure we all "get it" though.

 

[LdiJ]

Very big difference here. I'm sure we all "get it" though.

I wonder what would happen if you sued them in small claims court for monthly storage fees for the tank, and then "settled" for them removing it?

 

[Zigner]

I wonder what would happen if you sued them in small claims court for monthly storage fees for the tank, and then "settled" for them removing it?

Well, since it would be a frivolous suit, it could cause problems...

 

[LdiJ]

Well, since it would be a frivolous suit, it could cause problems...

I am not sure that it would automatically be considered to be frivolous.

 

[tranquility]

I don't think it would be "frivolous" as the company would have to prove up the contract applied to the OP. While I think they could, it does require some jumps depending on all the facts.