26 U.S.C. § 7324 | Special disposition of perishable goods

When any property which is seized under the provisions of section 7301 or section 7302 is liable to perish or become greatly reduced in price or value by keeping, or when it cannot be kept without great expense—

(1)

Application for examination

The owner thereof, or the United States marshal of the district, may apply to the Secretary to examine it; and

(2)

Appraisal

If, in the opinion of the Secretary, it shall be necessary that such property should be sold to prevent such waste or expense, the Secretary shall appraise the same; and thereupon

(3)

Return to owner under bond

The owner shall have such property returned to him upon giving bond in an amount equal to such appraised value to abide the final order, decree, or judgment of the court having cognizance of the case, and to pay the amount of said appraised value to the Secretary, the United States marshal, or otherwise, as may be ordered and directed by the court, which bond shall be filed by the Secretary with the United States attorney for the district in which the proceedings in rem authorized in section 7323 may be commenced.

(4)

Sale in absence of bond

(A)

Order to sell

If such owner shall neglect or refuse to give such bond, the Secretary shall issue to any Treasury officer or employee or to the United States marshal an order to sell the same.

(B)

Manner of sale

Such Treasury officer or employee or the marshal shall as soon as practicable make public sale of such property in accordance with such regulations as may be prescribed by the Secretary.

(C)

Disposition of proceeds

The proceeds of the sale, after deducting the reasonable costs of the seizure and sale, shall be paid to the court to abide its final order, decree, or judgment.

(5)

Form of bond and sureties

For provisions relating to form and sureties on bonds, see section 7101.

Aug. 16, 1954, ch. 736 68A Stat. 870 Pub. L. 85–859, title II, § 204(9)Sept. 2, 195872 Stat. 1429 Pub. L. 85–866, title I, § 78Sept. 2, 195872 Stat. 1662 Pub. L. 94–455, title XIX, § 1906(b)(13)(A)Oct. 4, 197690 Stat. 1834(, ; , , ; , , ; , , .)

Editorial Notes

Amendments

Pub. L. 94–4551976—Pars. (1) to (4). struck out “or his delegate” after “Secretary” wherever appearing.

Pub. L. 85–8661958—Par. (3). struck out “district” before “attorney”.

Pub. L. 85–859 section 7302 of this title included property seized under .

Statutory Notes and Related Subsidiaries

Effective Date of 1958 Amendments

Pub. L. 85–866Aug. 17, 1954section 1(c)(2) of Pub. L. 85–866 section 165 of this titleAmendment by effective , see , set out as a note under .

Pub. L. 85–859Sept. 3, 1958section 210(a)(1) of Pub. L. 85–859 section 5001 of this titleAmendment by effective , see , set out as an Effective Date note under .