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Session Laws, 1989
Volume 771, Page 2391   View pdf image
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WILLIAM DONALD SCHAEFER, Governor                    Ch. 285

IF NO ANSWER IS TIMELY FILED, AND INSTRUCTIONS ON WHERE TO FILE
AN ANSWER AND WHOM TO CONTACT FOR ADDITIONAL INFORMATION
CONCERNING THE FORFEITURE SHALL SET

1.    POSTED BY THE SHERIFF AT THE
COURTHOUSE DOOR OR ON A BULLETIN BOARD WITHIN ITS IMMEDIATE
VICINITY;--------------------------------------------------

2.   WITH RESPECT TO REAL PROPERTY, POSTED
BY THE SHERIFF IN A CONSPICUOUS PLACE ON THE LAND; AND

3.   PUBLISHED AT LEAST ONCE A WEEK IN EACH
OF 3 SUCCESSIVE WEEKS IN 1 OR MORE NEWSPAPERS OF GENERAL
CIRCULATION PUBLISHED IN THE COUNTY IN WHICH THE ACTION IS
PENDING.
-------------------------------------------------------------

(5) THE ANSWER SHALL COMPLY WITH THE MARYLAND RULES
AND:

(I)   SET FORTH THE NATURE AND EXTENT OF THE
PERSON'S RIGHT, TITLE, OR INTEREST IN THE PROPERTY;

(II)   SET FORTH THE DATE AND CIRCUMSTANCES OF
THE CREATION OF THE PERSON'S RIGHT, TITLE, OR INTEREST IN THE
PROPERTY; AND----------------------------------------------------------

(III)   CONTAIN A REQUEST FOR RELIEF.

(6)  (I) THE COURT SHALL SET A HEARING ON THE
FORFEITURE CLAIM WITHIN 60 DAYS AFTER THE LATER OF THE POSTING OR
FINAL PUBLICATION OF THE NOTICE UNDER PARAGRAPH (4) OF THIS
SUBSECTION IF AN ANSWER HAS BEEN TIMELY FILED.
--------------------

(II) THE COURT MAY ORDER FORFEITURE WITHOUT A
HEARING OF THE PROPERTY INTEREST OF ANY PERSON WHO FAILS TO
TIMELY FILE AN ANSWER.
---------------------------------------------

[(f)] (I) In exercising the authority to seize motor
vehicles
pursuant to this section the following standards shall
be utilized:

(1) A motor vehicle used in violation of this section
shall be seized and forfeiture recommended to the [State's
Attorney] FORFEITING AUTHORITY when:

(i) Controlled dangerous substances in any
quantity are sold or attempted to be sold in violation of this
subtitle;

(ii) Although the violator has not sold or
attempted to sell controlled dangerous substances in violation of
this subtitle, an amount of such substances or paraphernalia is

- 2391 -

 

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Session Laws, 1989
Volume 771, Page 2391   View pdf image
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