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§ 6-105. Determination of forfeiture when protest is filed

West's Annotated Code of MarylandAlcoholic Beverages and CannabisEffective: July 1, 2023

West's Annotated Code of Maryland
Alcoholic Beverages and Cannabis (Refs & Annos)
Division I. General Provisions Affecting Multiple Jurisdictions [Titles 1-8] (Refs & Annos)
Title 6. Forfeitures; Enforcement; Prohibited Acts; Penalties (Refs & Annos)
Subtitle 1. Forfeitures (Refs & Annos)
Effective: July 1, 2023
MD Code, Alcoholic Beverages, § 6-105
Formerly cited as MD CODE, Art. 2B, § 1-201
§ 6-105. Determination of forfeiture when protest is filed
Currentness
In rem proceeding
(a) When a protest is filed, the circuit court for the county in which the property was seized shall conduct an in rem proceeding to determine whether the property is subject to forfeiture.
Knowledge of lienholders
(b)(1) If the court determines that the property is subject to forfeiture, the court shall determine whether any lienholder filing a timely protest had knowledge of the intended unlawful use.
(2) If the court determines that a lienholder had knowledge, the lienholder's right, title, and interest to the property is forfeited.
(3) If the court does not determine that a lienholder had knowledge, but the property is otherwise subject to forfeiture:
(i) the property shall be forfeited; and
(ii) the Comptroller or the Executive Director, as the Comptroller or Executive Director, as appropriate, considers in the best interest of the State, may:
1. pay the outstanding indebtedness secured by the lien and keep the property; or
2. deliver the property to the lienholder.

Credits

Added by Acts 2016, c. 41, § 2, eff. July 1, 2016. Amended by Acts 2020, c. 359, § 1, eff. June 1, 2020; Acts 2020, c. 360, § 1, eff. June 1, 2020; Acts 2023, c. 450, § 1, eff. July 1, 2023.
MD Code, Alcoholic Beverages, § 6-105, MD AL BEV § 6-105
Current through legislation effective through May 9, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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