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§ 1603.United States Held Harmless Against Claim Concerning Property Delivered to State

Title 10. Unclaimed Property · Chapter 8. Property in Custody of Federal Officers, Agencies, and Departments · Enacted 1801 · no amendments on record · Last verified July 29, 2026

In one sentenceSection 1603 commits California to protect the United States from claims over property the federal government delivers to state custody under this chapter, requires the Attorney General to step into any such claim brought against the United States, and has the state consent to suit while preserving every defense the United States could have raised.

Full Text of § 1603

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The State hereby undertakes to hold the United States harmless against any claim concerning property delivered to the custody of the State in accordance with the provisions of this chapter. In the event an action or proceeding on such claim is brought against the United States the Attorney General shall intervene therein. The State consents to suit by such claimant in such contingency and any defense in favor of the United States shall be available to and urged by the State.

Plain-English Summary

Handing federal custody property over to California only works if the federal government isn't left holding legal risk afterward, and this section is California's promise on that score. The state undertakes to hold the United States harmless against any claim concerning property it delivers to California's custody under this chapter, meaning California, not the federal government, absorbs the exposure if someone later challenges the transfer.

That promise has teeth. If a claim over such property is brought against the United States anyway, the Attorney General must intervene in that case, and the state consents to being sued by the claimant instead. Any defense the United States could have raised against the claim remains available, and the state is expected to raise it, so a claimant gains nothing by suing the federal government rather than California directly.

Frequently Asked Questions

What does California promise the United States regarding delivered property?

To hold the United States harmless against any claim concerning property delivered to California's custody under this chapter.

What happens if someone sues the United States over property already delivered to California?

The Attorney General must intervene in that action, and the state consents to suit by the claimant in that situation.

Does California give up any defenses by taking over the claim?

No. Any defense available to the United States remains available to, and must be urged by, the state.

Amendment History

Added by Stats. 1959, Ch. 1801.

Source & verification. Section text is reproduced verbatim from the Deering's California Codes Annotated / vLex. Enacted by the California Legislature. Last verified July 29, 2026. · Official source
Also known as: hold united states harmless unclaimed propertyattorney general intervene federal property claim