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Session Laws, 1988
Volume 770, Page 3951   View pdf image
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WILLIAM DONALD SCHAEFER, Governor Ch. 567

(b) (1) [The] IF, WITHIN THE TIME ALLOWED TO FILE A CLAIM
UNDER § 13-837 OF THIS SUBTITLE, A PERSON WHO HAS A LIEN INTEREST
IN PROPERTY SEIZED FOR VIOLATION OF THE ALCOHOLIC BEVERAGE TAX
LAW FILES A PETITION, THE circuit court for the county in which
property is seized shall proceed in rem to hear and determine the
question of forfeiture of [property seized for violation of the
alcoholic beverage tax law] THE INTEREST BY THE LIEN HOLDER.

(2)  If the circuit court finds that the lien holder
had knowledge of the intended unlawful use of the property, the
interest, right, and title of a lien holder shall be forfeited.

(3)  Absent a finding under paragraph (2) of this
subsection, the Comptroller, in the best interest of the State,
may:

(i) pay the outstanding indebtedness secured by
the lawful lien and keep the property; or

(ii) deliver the property to the lien holder.

13-840.

(b) The Comptroller shall:

(2) mail [the person, by certified mail,] a notice of
the final determination on the date on which that determination
is made.

13-841.

(d) In the manner required under Title 2 of this article
for distributions of [motor fuel tax revenue or tobacco tax]
revenue, the Comptroller shall distributed

(1) the gross proceeds from the sale of contraband
cigarettes; and

(2)] the net proceeds from the sale of [contraband
motor fuel and] any conveyance OR OTHER PROPERTY UNDER THIS
SECTION after paying:

[(i)] (1) the costs incurred in conjunction
with the seizure and disposal of the property;

[(ii)] (2) the cost of the sale; and

[(iii)] (3) any bona fide lien against the
conveyance.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall
take effect January 1, 1989.

- 3951 -

 

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Session Laws, 1988
Volume 770, Page 3951   View pdf image
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