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§ 2-310. Disposal of property in possession of sheriff

West's Annotated Code of MarylandCourts and Judicial ProceedingsEffective: October 1, 2019

West's Annotated Code of Maryland
Courts and Judicial Proceedings
Title 2. Court Personnel (Refs & Annos)
Subtitle 3. Sheriffs (Refs & Annos)
Part I. General Provisions (Refs & Annos)
Effective: October 1, 2019
MD Code, Courts and Judicial Proceedings, § 2-310
Formerly cited as MD CTS & JUD PRO § 2-311
§ 2-310. Disposal of property in possession of sheriff
Currentness
Disposal of abandoned, confiscated, or recovered property
(a) The sheriff of a county may establish and administer reasonable guidelines in accordance with this section for disposing of abandoned, lawfully confiscated, or recovered property that is in the possession of the sheriff's office.
Guidelines for notice and sale of property
(b) The guidelines shall provide that:
(1)(i) After lawfully confiscated property has been in the possession of the sheriff for a period of one year, notice of the sale of the property shall be given 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) After abandoned or recovered property has been in the possession of the sheriff for a period of 90 days, notice of the sale of the property shall be given 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;
(2) The property may be sold at public auction after a description of the property and the time, place, and terms of the sale have been published in a newspaper of general circulation in the county in each of 2 successive weeks;
(3) The amount received from the sale of property in accordance with this section shall be distributed in the following order of priority:
(i) To the sheriff, in an amount equal to the expense of the sale and all expenses incurred while the property was in the sheriff's custody;
(ii) To lienholders in order of their priority; and
(iii) Subject to the provisions of item (4) of this subsection, to the general fund of the county; and
(4) At any time within 3 years from the date of the sale of the property, any person submitting satisfactory proof of the person's right to the possession of the property shall be paid, without interest, the amount distributed to the general fund pursuant to item (3) of this subsection, and after the expiration of 3 years from the date of the sale, any claims shall be absolutely barred.

Credits

Added as Courts and Judicial Proceedings § 2-311 by Acts 1994, c. 672, § 1, eff. Oct. 1, 1994. Amended by Acts 2003, c. 215, § 1, eff. Oct. 1, 2003. Renumbered as Courts and Judicial Proceedings § 2-310 by Acts 2019, c. 196, § 1, eff. Oct. 1, 2019.
MD Code, Courts and Judicial Proceedings, § 2-310, MD CTS & JUD PRO § 2-310
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.
End of Document