1. (1) If the Commissioner or his delegate determines that cotton or any other property seized is liable to perish or become greatly reduced in price or value by keeping, or that such property cannot be kept without great expense, he shall appraise the value of such property and:

   1. (a) Return to owner. -- If the owner of the property can be readily found, the Commissioner or his delegate shall give him notice of such determination of the appraised value of the property. The property shall be returned to the owner if, within such time as may be specified in the notice, the owner:

      1. 1. Pays to the commissioner or his delegate an amount equal to the appraised value; or
      2. 2. Gives bond in such form, with such sureties, and in such amount as the commissioner or his delegate shall prescribe, to pay the appraised amount at such time as the commissioner or his delegate determines to be appropriate in the circumstances.
   2. (b) Immediate sale. -- If the owner does not pay such amount or furnish such bond in accordance with this section, the commissioner or his delegate may as soon as practicable makepublic sale of the property in accordance with such regulations or in such manner as may be prescribed by the commissioner or his delegate.

Author: Robert J. Russell

Statutory Authority: Code of Ala. 1975, §§2-2-8; 2-19-128; 2-18-135(c); Title 2, Chapter 19, Article 6.

History: New Rule: Filed February 12, 2004; effective March 18, 2004.