§ 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
Full Text of § 1603
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.