Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-10-17 - RULES CONCERNING THE COLLECTION OF ASSESSMENTS AND PENALTIES UNDER CODE OF ALA. 1975, Sections2-19-120, ET SEQ., RELATING TO THE ERADICATION OF BOLL WEEVILS IN COTTON › Section 80-10-17-.09 - Sale Of Seized Property

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Notice of seizure. -- As soon as
				practicable after seizure of property, notice in writing shall be given by the
				Commissioner or his delegate to the owner of the property (or, in the case of
				personal property, the possessor thereof), or shall be left at his usual place
				of abode or business. If the owner cannot be readily located, or has no
				dwelling or place of business within the State, the notice may be mailed to his
				last known address. Such notice shall specify the sum demanded and shall
				contain, in the case of real property, a description with reasonable certainty
				of the property seized.
(2) Notice
				of sale. -- The Commissioner or his delegate shall, as soon as practicable
				after the seizure of the property give notice to the owner, in the manner
				prescribed in subsection (1), and shall cause a notification to be published in
				some newspaper published or generally circulated within the county wherein such
				seizure is made, or if there be no newspaper published or generally circulated
				in such county, shall post such notice at the post office nearest the place
				where the seizure is made, and in not less than two other public places. Such
				notice shall specify the property to be sold, including both a legal
				description and a readily understandable layman's description, and the time,
				place, manner, and conditions of the sale thereof.
(3) Sale of indivisible property. -- If any
				property liable to levy is not divisible, so as to enable the Commissioner or
				his delegate by sale of a part thereof to raise the whole amount of the
				assessment and expenses, the whole of such property shall be sold. Such
				indivisible property shall include only property in which the cotton grower has
				at least 50 percent interest.
(4)
				Time and place of sale. -- All sales shall be held between the hours of 9:00
				A.M. and 5:00 P.M. In sale of personal property, the notice and advertisement
				of sale must be published at least 14 days prior to sale, but only one
				publication shall be necessary. In sales of real property, the publication in
				the newspaper must be once a week for three successive weeks prior to the
				sale.
(5) Manner and conditions of
				sale.
(a) MINIMUM PRICE. -- Before the sale
				the Commissioner or his delegate may determine a minimum price for which the
				property shall be sold, and if such minimum price is determined, and if no
				person offers for such property at the sale the amount of the minimum price,
				the property shall be declared to be purchased at such price for the
				Commissioner; otherwise the property shall be declared to be sold to the
				highest bidder.
(b) ADDITIONAL
				RULES APPLICABLE TO SALE. -- The Commissioner or his delegate shall by
				regulations prescribe the manner and other conditions of the sale of property
				seized by levy. If one or more alternative methods or conditions are permitted
				by regulations, the commissioner or his delegate shall select the alternatives
				applicable to the sale. Such regulations shall provide:
1. That the sale shall not be conducted in
				any manner other than:
(i) By public auction;
				or
(ii) By public sale under sealed
				bids.
(iii) In the case of the
				seizure of several items of property, whether such items shall be offered
				separately, in groups, or in the aggregate; and whether such property shall be
				offered both separately (or in groups) and in the aggregate, and sold under
				whichever method produces the highest aggregate amount.
(iv) Whether the announcement of the minimum
				price determined by the commissioner or his delegate may be delayed until the
				receipt of the highest bid.
(v)
				Whether payment in full shall be required at the time of acceptance of a bid,
				or whether a part of such payment may be deferred for such period (not to
				exceed one month) as may be determined by the Commissioner or his delegate to
				be appropriate.
(vi) The extent to
				which methods (including advertising) in addition to those prescribed in
				subsection (2) may be used in giving notice of the sale.
(vii) Under what circumstances the
				Commissioner or his delegate may adjourn the sale from time to time (but such
				adjournments shall not be for a period to exceed in all one month).
(c) PAYMENT OF AMOUNT
				BID. -- If payment in full is required at the time of acceptance of a bid and
				is not then and there paid, the Commissioner or his delegate shall forthwith
				proceed to again sell the property in the manner provided in this subsection.
				If the conditions of the sale permit part of the payment to be deferred, and if
				such part is not paid within the prescribed period, suit may be instituted
				against the purchaser for the purchase price or such part thereof as has not
				been paid, together with interest at the rate applicable to liabilities due the
				Department from the date of the sale; or, in the discretion of the Commissioner
				or his delegate, the sale may be declared to be null and void for failure to
				make full payment of the purchase price and the property may again be
				advertised and sold as provided in subsections (2) and (3) of this section. In
				the event of such readvertisement and sale any new purchaser shall receive such
				property or rights to property free and clear of any claim or right of the
				former defaulting purchaser, of any nature whatsoever, and the amount paid upon
				the bid price by such defaulting purchaser shall be forfeited.
Author:
Robert J. Russell