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Can you summarize MDCM Com. Law, Title 17, Subtitle 2?
Short Summary
The provided legal document pertains to the agreement between the Administrator and the federal government regarding abandoned property in federal custody. The agreement outlines the responsibilities of the Administrator to attempt to discover abandoned property in federal custody that is unclaimed by an owner presumed to have an address in Maryland, and to institute proceedings for a judicial determination of Maryland’s rights to receive custody of any abandoned property in federal custody. The agreement provides that tangible abandoned property initially acquired in Maryland and held in federal custody shall be delivered to the Administrator, unless federal law provides otherwise. Additionally, if the last known address of any owner of intangible abandoned property in federal custody is in Maryland, the property shall be delivered to the Administrator. The agreement also includes provisions for the State to pay its proportionate share of costs incurred by the federal government in investigating records, reporting information, and delivering the abandoned property. Furthermore, the agreement includes provisions for the manner and times of payment, indemnification of the federal government by the State against any claims resulting from the delivery of abandoned property, and the intervention of the Attorney General of Maryland in any action or proceeding against the federal government related to the agreement. The document also states that the State consents to suit by any claimant against the federal government and that any defense of the federal government is available to the State. The Governor is responsible for certifying the provisions of the agreement to the federal government. The certification is to be made on the thirtieth of June following the effective date of the agreement. When the federal government reports abandoned property to the Administrator, the Administrator is required to forward a copy of the report to the clerk of the circuit court for each county in the State, and each clerk of the circuit court is required to post the report of abandoned property in federal custody at the courthouse for the county for 60 days. Any person who asserts an interest in abandoned property in federal custody may elect to claim against the federal government or notify the Administrator of the asserted interest and intent to claim within 90 days of the posting of the report. If the Administrator receives notice, the abandoned property in question shall be omitted from any claim by the State until a final judicial determination is made. If a judicial determination is made against a claimant of abandoned property in federal custody, the claimant may not assert a claim against the State. The expiration of any limitations period set by statute or court order does not affect the right of the State to acquire possession of abandoned property in federal custody. The subtitle containing these provisions is intended to make uniform the laws of states that enact it.
Whom does it apply to?
Administrator, federal government
What does it govern?
Agreement between the Administrator and the federal government regarding abandoned property in federal custody
What are exemptions?
No exemptions are mentioned.
What are the Penalties?
No penalties are mentioned.
Jurisdiction
Maryland