Does a finding of abandonment need to include a denial of ownership or interest in the property and physical relinquishment of the property?

MultiRegion, United States of America

The following excerpt is from U.S. v. Burnette, 698 F.2d 1038 (9th Cir. 1983):

19 The majority of previous cases in which the courts have upheld a finding of abandonment have involved both a denial of ownership or interest in the property and a physical relinquishment of the property. See United States v. Kendall, 655 F.2d 199 (9th Cir.), cert. denied, 455 U.S. 941, 102 S.Ct. 1434, 71 L.Ed.2d 652 (1981); United States v. Canady, 615 F.2d 694 (5th Cir.), cert. denied, 449 U.S. 862, 101 S.Ct. 165, 66 L.Ed.2d 78 (1980); United States v. Jackson, 544 F.2d 407 (9th Cir.1976).

20 See note 18 supra.

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