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Session Laws, 1994
Volume 773, Page 177   View pdf image
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WILLIAM DONALD SCHAEFER, Governor

Ch. 3

forfeited, except vehicles, vessels and aircraft which shall be deemed forfeited unless a
claim is filed within [thirty (30)] 30 days subsequent to the date of publication provided
for in paragraph [(2)] (3) of this subsection.

[(2)](3) Notification of Owner of Confiscated Vehicle, Vessel or Aircraft.
The Comptroller shall notify the registered owner where possible and shall publish notice
in a newspaper of general circulation in the county, or Baltimore City, where seized, of
any vehicle, vessel or aircraft confiscated under this article[, informing]. THE NOTICE
SHALL INFORM interested persons of the seizure and right to file a claim protesting the
confiscation of [said] THE vehicle, vessel or aircraft.

[(3)](4) Claim for Return of Confiscated Property. Any lawful [lien
holder] LIENHOLDER, or other person showing a legal right, title or interest in
confiscated property not destroyed as provided in this section, [may] within [thirty (30)]
30 days of confiscation or, if the confiscated property is a vehicle, vessel or aircraft, within
[thirty (30)] 30 days of publication of notice, MAY file a claim protesting [such] THE
seizure with the Comptroller. When [such] a claim and protest is filed the circuit court
for the county [wherein] IN which the property was confiscated shall proceed in rem to
hear and determine the question of forfeiture.

[(4)](5) Rights of [Lien Holders] LIENHOLDERS. If the court determines
any property is subject to forfeiture it shall also determine whether any lawful [lien
holder] LIENHOLDER who has filed a timely claim and protest had knowledge of [such]
THE intended unlawful use. If the court [shall find such] FINDS THAT knowledge then
the [lien holder's] LIENHOLDER'S right, title and interest to the property shall likewise
be deemed forfeited. If the court does not find [such] THAT knowledge and the property
is otherwise subject to forfeiture, it shall be forfeited and the Comptroller [may], as
[he] THE COMPTROLLER deems in the best interest of the State, MAY pay the
outstanding indebtedness secured by [such] THE lawful lien and keep the property or
deliver the property to the [said lien holder] LIENHOLDER.

[(5)](6) Disposition of Confiscated Property. Any property confiscated and
forfeited under this article or the provisions of the Tax - General Article that relate to
the alcoholic beverage tax shall become the property of the respective county or City of
Baltimore [wherein] IN WHICH THEY WERE confiscated, except that property
confiscated by officers of [the] THIS State [of Maryland which] shall become the
property of [the] THIS State [of Maryland]. The Comptroller of the Treasury, the
county commissioners OR COUNTY COUNCILS of the respective counties, or the Mayor of
Baltimore City, as the case may be, [shall] as they deem in the best public interest, shall
retain for official use, sell, or otherwise dispose of [such] THE forfeited property[,
provided however that]. HOWEVER, any lawfully manufactured alcoholic beverages
forfeited to a county in which there is a liquor control board shall become the property of
the liquor control board for [such] THAT county and shall be sold by the county
dispensaries in [such] THOSE counties [and the] . THE proceeds from [such] THE sales
shall be treated in the same way as the proceeds from ordinary sales made by [such] THE
dispensaries. [Provided, further, however, that no illicit] ILLICIT alcoholic beverages
[shall] MAY NOT be returned or given to any person or otherwise disposed of except by
destruction.

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Session Laws, 1994
Volume 773, Page 177   View pdf image
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