28 U.S.C. § 3007 : US Code - Section 3007: Perishable personal property
Search 28 U.S.C. § 3007 : US Code - Section 3007: Perishable personal property
(a) Authority To Sell. - If at any time during any action or
proceeding under this chapter the court determines on its own
initiative or upon motion of any party, that any seized or detained
personal property is likely to perish, waste, or be destroyed, or
otherwise substantially depreciate in value during the pendency of
the proceeding, the court shall order a commercially reasonable
sale of such property.
(b) Deposit of Sale Proceeds. - Within 5 days after such sale,
the proceeds shall be deposited with the clerk of the court,
accompanied by a statement in writing and signed by the United
States marshal, to be filed in the action or proceeding, stating
the time and place of sale, the name of the purchaser, the amount
received, and an itemized account of expenses.
(c) Presumption. - For purposes of liability on the part of the
United States, there shall be a presumption that the price paid at
a sale under subsection (a) is the fair market value of the
property or portion.
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