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U.S. Code, Title 28, Judiciary and Judicial Procedure
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General SummaryThe U.S. Code is a consolidation and codification by subject matter of the general and permanent laws of the United States. While every effort has been made to ensure that this reproduction of the Code is accurate, those using it for legal purposes should verify their results against the printed version of the Code available through the Government Printing Office.
§ 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.
(Added Pub. L. 101–647, title XXXVI, § 3611, Nov. 29, 1990, 104 Stat. 4937.)
Section Referred to in Other Sections
This section is referred to in sections 3102, 3103 of this title.
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Chicago: "U.S. Congress, Office of the Law Revision Counsel", "§ 3007. Perishable Personal Property," U.S. Code, Title 28, Judiciary and Judicial Procedure in U.S. Code, Title 28, Judiciary and Judicial Procedure (Washington, D.C.: Government Printing Office, 2002), Original Sources, accessed December 10, 2023, http://www.originalsources.com/Document.aspx?DocID=489WNXV474A12XY.
MLA: "U.S. Congress, Office of the Law Revision Counsel". "§ 3007. Perishable Personal Property." U.S. Code, Title 28, Judiciary and Judicial Procedure, in U.S. Code, Title 28, Judiciary and Judicial Procedure, Washington, D.C., Government Printing Office, 2002, Original Sources. 10 Dec. 2023. http://www.originalsources.com/Document.aspx?DocID=489WNXV474A12XY.
Harvard: "U.S. Congress, Office of the Law Revision Counsel", '§ 3007. Perishable Personal Property' in U.S. Code, Title 28, Judiciary and Judicial Procedure. cited in 2002, U.S. Code, Title 28, Judiciary and Judicial Procedure, Government Printing Office, Washington, D.C.. Original Sources, retrieved 10 December 2023, from http://www.originalsources.com/Document.aspx?DocID=489WNXV474A12XY.
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