Hendle v. Stevens
224 Ill. App. 3d 1046, 166 Ill. Dec. 868, 586 N.E.2d 826 (1992)
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Rule of Law:
The finder of lost property on private land has a superior right of possession against all except the true owner under the Illinois estrays statute, and this right is not defeated by the finder's status as a technical trespasser or by claims that the property was embedded in the soil.
Facts:
- On or about May 1, 1990, four minors, Alma Lopez, Thomas Farrell, Ryan Baassler, and Jennifer Moore, were on a wooded property owned by William and Gladys Stevens.
- The property was described as being in an 'abandoned' state, with overgrown weeds, junk, and trails used by local children for recreation; no 'no trespassing' signs were posted.
- Jennifer Moore kicked a mound of dirt next to two small holes, uncovering a large sum of currency.
- The four minors divided the currency, which totaled $6,061, and took it home.
- A few days later, one of the minor's babysitters, Margaret Lucchetti, alerted the police to the discovery.
- On May 5, 1990, the minors turned over all the money they possessed to a detective from the McHenry County Sheriff's police for safekeeping.
- Prior to the police involvement, landowner William Stevens had encountered a detective and Mrs. Lucchetti on his property and asked if he could assist them, without mentioning they were trespassing.
Procedural Posture:
- The Sheriff of McHenry County, George Hendle, filed a complaint for declaratory judgment in the circuit court of McHenry County to determine the rights to the found currency.
- The trial court held a hearing and heard testimony from the involved parties.
- The trial court denied the claims of the Sheriff, the property owners (William and Gladys Stevens), and the Director of the Department of Financial Institutions.
- The trial court ruled in favor of the four minors, finding they were entitled to the money as finders under the Illinois estrays and lost property statute, subject only to the claim of the true owner.
- The property owners, William and Gladys Stevens, as appellants, appealed the trial court's judgment to the Appellate Court of Illinois, Second District.
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Issue:
Does the Illinois estrays and lost property statute grant finders of currency on private property a superior right of possession over the property owner, even if the property owner claims the money was embedded and found by trespassers?
Opinions:
Majority - Justice Unverzagt
Yes. The Illinois estrays and lost property statute grants the finders of lost property a superior right to possession over the owner of the premises where the property was found. The court held that the statute's purpose of encouraging the return of property and rewarding honest finders overrides common law distinctions about whether property was found in a public or private place, or whether it was embedded in the soil. The court also determined that the minors were not trespassers because the landowners' habitual acquiescence to children using the property constituted an implied license to be there. Furthermore, the court found that any ambiguity as to whether the money was lost, mislaid, or abandoned should be resolved by presuming it was lost, thereby triggering the statute's protections for the finders. Finally, the property owners, not being the true owners of the money, lacked legal standing to challenge the minors' alleged failure to comply with the statute's procedural requirements.
Analysis:
This decision solidifies the primacy of the Illinois estrays statute over common law doctrines in found property cases. It significantly limits the ability of landowners to claim found property by asserting the finder was a trespasser, especially where there has been habitual public use of the land without objection. The ruling simplifies the legal landscape by establishing a public policy presumption that ambiguously found property is 'lost,' thereby ensuring the statute applies and promoting its goals of honesty and return to the true owner.
