1. Carsen Cooper B.S. Aviation Business Administration, ERAU ‘16
Benjamin v. Lindner Aviation, Inc. – A Look at Property Law Classification
Carsen Cooper
B.S. Aviation Business Administration, ERAU ‘16

2. Overview
People involved (characters)
Facts
Issue
Holding
Reasoning

3. Characters
State Central Bank
Lindner

4. Facts
Iowa State Central Bank takes possession of an aircraft when the owner defaulted on his loan in April 1992
Bank gives plane to Lindner Aviation to inspect, employee Heath Benjamin performs inspection
State Central Bank

5. After removing wing panels, Benjamin finds stacks of 20 dollar bills tied with string and wrapped in aluminum foil (in total more than $18,000)
Lindner
Benjamin calls supervisor offers to split the money, supervisor reports money to Lindner Aviation owner
Lindner contacts Iowa Department of Criminal Investigation, gives money to the local police department.

6. Upset, Benjamin files affidavit claiming that the money is his
Iowa Code 644: “if a true owner does not claim the property within 12 months, the right to the property vests in the finder”
State Central Bank and Lindner Aviation do the same
State Central Bank
Lindner
After a year, no one steps forward to claim the money

7. Court held that Iowa Code chapter 644 only applies to lost property
Lindner
State Central Bank
Benjamin filed a declaratory judgment action against Lindner and the Bank, case went to a district court
Court held that Iowa Code chapter 644 only applies to lost property
The bank was awarded 90% of the money, Benjamin received a 10% “finder’s fee”

8. Benjamin appealed to Iowa Supreme Court, claiming that Iowa Code dictated that all of the found money was his (even if the property was mislaid or abandoned)
Lindner Aviation cross-appealed, saying it owned the premises where the abandoned property was found
State Central Bank cross-appealed, saying finder’s fee does not apply to mislaid property
Lindner
State Central Bank

9. Issue
Was the property mislaid, lost, abandoned, or a treasure trove? Does Benjamin have any rights to the found currency?

10. Holding
The property was mislaid. No, Benjamin does not have any claim under common law or Iowa Code chapter 644 to the money.

11. Reasoning Abandoned property Lost property Mislaid property
Owner has knowingly discarded because he no longer wants it
Lost property
Owner accidentally gives property up
Mislaid property
Something that the owner has intentionally placed somewhere and forgotten

12. Money was mislaid because:
Lindner
State Central Bank
Money was mislaid because:
Currency was tied with string, wrapped in aluminum foil
Placed inside of a plane wing, screwed shut
Not a treasure trove because the money had only been printed 33 years prior
Iowa Supreme Court reversed the district court decision and gave all the money to State Central Bank

13. Summary Questions? People involved (characters) Facts Issue Holding
Reasoning
Questions?