Md. Code Ann., Tax-Gen. § 13-838
Forfeiture of interest in property
Effective Jul 1, 2023Added by Acts 1988, c. 2, § 1, eff. Jan. 1, 1989. Amended by Acts 1988, c. 567; Acts 2023, c. 450, § 1, eff. July 1, 2023.State of Maryland
(a) A person forfeits any interest, right, or title to property that is seized for violation of the alcoholic beverage tax laws if the person:
- (1) fails to file a claim for return of the seized property within the time allowed under § 13-837 of this subtitle; or
- (2) is adjudged guilty of violating the alcoholic beverage tax laws.
(b)
- (1) If, within the time allowed to file a claim under § 13-837 of this subtitle, a person who has a lien interest in property seized for violation of the alcoholic beverage tax law files a petition, the circuit court for the county in which property is seized shall proceed in rem to hear and determine the question of forfeiture of the interest by the lien holder.
- (2) If the circuit court finds that the lien holder had knowledge of the intended unlawful use of the property, the interest, right, and title of a lien holder shall be forfeited.
(3) Absent a finding under paragraph (2) of this subsection, the Comptroller or the Executive Director, as appropriate, in the best interest of the State may:
- (i) pay the outstanding indebtedness secured by the lawful lien and keep the property; or
- (ii) deliver the property to the lien holder.
Added by Acts 1988, c. 2, § 1, eff. Jan. 1, 1989. Amended by Acts 1988, c. 567; Acts 2023, c. 450, § 1, eff. July 1, 2023.