WILLIAM DONALD SCHAEFER, Governor                       Ch. 2

13-841. DISPOSITION OF SEIZED PROPERTY.

(A)  CONTRABAND ALCOHOLIC BEVERAGES AND CONVEYANCES.

(1)  CONTRABAND ALCOHOLIC BEVERAGES THAT ARE SEIZED
UNDER THIS TITLE AND FORFEITED MAY BE DISPOSED OF OR DESTROYED IN
THE MANNER ALLOWED UNDER ARTICLE 2B, § 3(F)(5) AND (6) AND (G) OF
THE CODE.

(2)  THE COMPTROLLER SHALL SELL AT PUBLIC AUCTION A
CONVEYANCE THAT IS SEIZED UNDER THIS TITLE IN CONNECTION WITH
CONTRABAND ALCOHOLIC BEVERAGES AND FORFEITED.

(B)  CONTRABAND CIGARETTES AND CONVEYANCES.

(1)  THE COMPTROLLER SHALL SELL CONTRABAND CIGARETTES
SEIZED UNDER THIS SECTION AND FORFEITED TO A STATE INSTITUTION OR
A NONPROFIT CHARITABLE INSTITUTION AT THE PRICE AND IN THE MANNER
THE COMPTROLLER DETERMINES.

(2)  THE COMPTROLLER SHALL SELL AT PUBLIC AUCTION A
CONVEYANCE THAT IS SEIZED UNDER THIS TITLE IN CONNECTION WITH
CONTRABAND CIGARETTES AND FORFEITED.

(C)  CONTRABAND MOTOR FUEL AND CONVEYANCES.

(1)  IF EITHER THE COMPTROLLER OR, ON APPEAL, A COURT
DETERMINES THAT SEIZED CONVEYANCE OR MOTOR FUEL IS NOT SUBJECT TO
FORFEITURE:

(I)  THE COMPTROLLER IS NOT REQUIRED TO RETURN
THE MOTOR FUEL SEIZED TO THE OWNER OR OTHER INTERESTED PERSON WHO
FILED THE CLAIM FOR RETURN OF THE PROPERTY, BUT MAY, AT THE
OPTION OF THE COMPTROLLER, PAY TO THE PERSON AN AMOUNT EQUAL TO
THE VALUE OF THE MOTOR FUEL AS DETERMINED BY THE AVERAGE
WHOLESALE VALUE ON THE DATE OF SEIZURE FOR THE BALTIMORE TERMINAL
AS REPORTED BY PLATT'S OIL-GRAM ON THE DATE OF SEIZURE; AND

(II)  THE COMPTROLLER SHALL RETURN THE
CONVEYANCE TO THE REGISTERED OWNER AND SHALL HAVE NO FURTHER
LIABILITY TO THE REGISTERED OWNER.

(2)  IF A SEIZED CONVEYANCE OR MOTOR FUEL IS
FORFEITED, THE COMPTROLLER SHALL:

(I) 1. USE THE CONTRABAND MOTOR FUEL FOR ANY
PUBLIC PURPOSE; OR

2. SELL THE CONTRABAND MOTOR FUEL TO ANY
PERSON; AND

(II)  SELL THE SEIZED CONVEYANCE TO ANY PERSON.

(D)  DISTRIBUTION OF PROCEEDS OF SALES.

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