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Ch. 451
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2007 Laws of Maryland
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LONGER NEEDED IN CONNECTION WITH A PROSECUTION OR RETENTION OF THE
PROPERTY IS NO LONGER RELEVANT TO THE LOCAL LAW ENFORCEMENT
AGENCY, THE LOCAL LAW ENFORCEMENT AGENCY SHALL:
(I) GIVE NOTICE OF THE SALE OF THE PROPERTY BY
REGISTERED OR CERTIFIED MAIL TO THOSE PERSONS ENTITLED TO ITS
POSSESSION AND TO THOSE LIENHOLDERS WHOSE NAMES AND ADDRESSES CAN
BE ASCERTAINED BY THE EXERCISE OF REASONABLE DILIGENCE; AND
(II) PUBLISH A DESCRIPTION OF THE PROPERTY AND THE
TIME, PLACE, AND TERMS OF THE SALE OF THE PROPERTY IN A NEWSPAPER OF
GENERAL CIRCULATION IN THE COUNTY OF MUNICIPAL CORPORATION IN EACH
OF TWO SUCCESSIVE WEEKS.
(2) AFTER COMPLYING WITH THE REQUIREMENTS OF
PARAGRAPH (1) OF THIS SUBSECTION, THE LOCAL LAW ENFORCEMENT AGENCY
MAY SELL THE PROPERTY AT PUBLIC AUCTION.
(3) THE TERMS AND MANNER OF SALE MAY BE ESTABLISHED BY
RULE.
(F) THE CERTIFICATE OF THE LOCAL LAW ENFORCEMENT AGENCY
THAT PERSONAL PROPERTY HAS BEEN SOLD UNDER THIS SECTION IS
SUFFICIENT EVIDENCE OF TITLE TO THE PROPERTY FOR ALL PURPOSES,
INCLUDING THE RIGHT TO OBTAIN A CERTIFICATE OF TITLE OR REGISTRATION
FROM AN APPROPRIATE UNIT OF THE STATE.
(G) (1) THE AMOUNT RECEIVED FROM THE SALE OF PERSONAL
PROPERTY IN ACCORDANCE WITH THIS SECTION SHALL BE DISTRIBUTED IN THE
FOLLOWING ORDER OF PRIORITY:
(I) FIRST, TO THE LOCAL LAW ENFORCEMENT AGENCY IN
AN AMOUNT EQUAL TO THE EXPENSE OF SALE AND ALL EXPENSES INCURRED
WHILE THE PROPERTY WAS IN THE POSSESSION OF THE LOCAL LAW
ENFORCEMENT AGENCY;
(II) SECOND, TO LIENHOLDERS IN ORDER OF THEIR
PRIORITY; AND
(III) THIRD, TO THE GENERAL FUND OF THE COUNTY OR
MUNICIPAL CORPORATION, SUBJECT TO PARAGRAPHS (2), (3), AND (1) (2) AND
(3) OF THIS SUBSECTION.
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- 2690 -
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