Business has left their property at my residence - Can I dispose of it

[DeniseF]

What is the name of your state (only U.S. law)? Colorado
I live in rural area. I have propane gas on my property. Propane gas requires an external storage tank. I leased my tank from my propane company. My previous company was purchased by a large propane company who I refuse to do business with in 2012 so I switched my propane company. My new company installed a new tank. The previous company's tank was set to the side (easily accessible) and I notified them that it was available for pick up. I have called and sent them letters reminding them it is there and asking that it be removed. To date, 5 years later, the tank still sits there. So:
1. At this point, am I able to consider it to be abandoned and "dispose" of it (sell/give it away, sell for scrap, or use as auxiliiary tank of my own)?
2. If so, what do I need to do if anything to make sure it is legal?
Thank you for your response.

 

[LdiJ]

What is the name of your state (only U.S. law)? Colorado
I live in rural area. I have propane gas on my property. Propane gas requires an external storage tank. I leased my tank from my propane company. My previous company was purchased by a large propane company who I refuse to do business with in 2012 so I switched my propane company. My new company installed a new tank. The previous company's tank was set to the side (easily accessible) and I notified them that it was available for pick up. I have called and sent them letters reminding them it is there and asking that it be removed. To date, 5 years later, the tank still sits there. So:
1. At this point, am I able to consider it to be abandoned and "dispose" of it (sell/give it away, sell for scrap, or use as auxiliiary tank of my own)?
2. If so, what do I need to do if anything to make sure it is legal?
Thank you for your response.

How much is a propane tank of your size worth new? I would say that after 5 years it is likely fair to consider it abandoned (and its possible it isn't even usable anymore. However what it is worth new would give us an idea of what it could be worth used. If the value is potentially still high, then it would be wise to proceed very carefully.

 

[adjusterjack]

I notified them that it was available for pick up. I have called and sent them letters reminding them it is there and asking that it be removed.

But did you ever specify a deadline date for pickup and include what you would do if it wasn't picked up?

1. At this point, am I able to consider it to be abandoned and "dispose" of it (sell/give it away, sell for scrap, or use as auxiliiary tank of my own)?
2. If so, what do I need to do if anything to make sure it is legal?

The problem is that abandoned property gets complicated because there are different laws for different types of abandoned property. I won't go into them all. Suffice to say that I have found nothing statutory that appears to fit your situation.

If you want to take a chance on disposing of it without further notice I suggest you do so without any personal or financial gain to you.

And, frankly, if you are able to transport it to a scrap yard by yourself I suggest, instead, that you bring it to the propane dealer and just drop it off at his location.

 

[DeniseF]

How much is a propane tank of your size worth new? I would say that after 5 years it is likely fair to consider it abandoned (and its possible it isn't even usable anymore. However what it is worth new would give us an idea of what it could be worth used. If the value is potentially still high, then it would be wise to proceed very carefully.

If you had to purchase a new tank in my area, it would run about $1200 dollars. Used would be about $300 - 500. Tanks last a long time. This one is empty and completely sealed. If I would take it for scrap it weighs about 2 tons and would get approximately $200 - 300 for it. I actually have an offer from someone who stopped by to purchase for $350.

 

[DeniseF]

But did you ever specify a deadline date for pickup and include what you would do if it wasn't picked up?



The problem is that abandoned property gets complicated because there are different laws for different types of abandoned property. I won't go into them all. Suffice to say that I have found nothing statutory that appears to fit your situation.

If you want to take a chance on disposing of it without further notice I suggest you do so without any personal or financial gain to you.

And, frankly, if you are able to transport it to a scrap yard by yourself I suggest, instead, that you bring it to the propane dealer and just drop it off at his location.

I did specify a time period for removal - I asked that it be removed within 60 days so it would be out of my yard. No I did not say what I would do because frankly, at the time, propane tanks for new customers were scarce - I know this as when I went in search of a new supplier, I was told by a couple firms that I would have a wait for tanks to become available. I figured they would come and get it. I contacted them a couple more times when they didn't come. One time the new company actually called me and told them I owed them $100 for removal. To which I said that was not a part of my original contract and they needed to come get their tank.

I do not know if I would be able to get it to a scrap yard. It would take some doing but I'm pretty resourceful. However, I am asking this question as a person stopped by my house a month ago for another reason and saw the tank sitting there, asked about it, and would be willing to take it off my hands. They did make me an offer. So given your point on not doing personal gain, I am perfectly willing to let it go for free as well - I'm tired of it sitting there.

But I wanted to make sure they or I wouldn't be getting in trouble.

 

[justalayman]

If you had to purchase a new tank in my area, it would run about $1200 dollars. Used would be about $300 - 500. Tanks last a long time. This one is empty and completely sealed. If I would take it for scrap it weighs about 2 tons and would get approximately $200 - 300 for it. I actually have an offer from someone who stopped by to purchase for $350.

Not that is changes the answers but...


4000 pounds?

That must be one massive tank. In a quick look I found several manufactures whose 1000 gallon tanks all weigh less than 2000 pounds (1800 being the heaviest of 4 manufacturers). A 1000 gallon tank is an extremely large tank for residential use.