[Code of Federal Regulations]

[Title 36, Volume 2]

[Revised as of July 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 36CFR262.12]



[Page 361-362]

 

              TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY

 

          CHAPTER II--FOREST SERVICE, DEPARTMENT OF AGRICULTURE

 

PART 262_LAW ENFORCEMENT SUPPORT ACTIVITIES--Table of Contents

 

                   Subpart B_Impoundments and Removals

 

Sec. 262.12  Impounding of personal property.



    (a) Automobiles or other vehicles, trailers, boats, and camping 

equipment and other inanimate personal property



[[Page 362]]



on National Forest System lands without the authorization of a Forest 

officer which are not removed therefrom within the prescribed period 

after a warning notice as provided in this regulation may be impounded 

by a Forest officer. Whenever such Forest officer knows the name and 

address of the owner, such impoundment may be effected at any time five 

days after the date that written notice of the trespass is mailed by 

registered mail or delivered to such owner.

    (b) In the event the local Forest officer does not know the name and 

address of the owner, impoundment may be effected at any time 15 days 

after the date a notice of intention to impound the property in trespass 

is first published in a local newspaper and posted at the county 

courthouse and in one or more local post offices. A copy of this notice 

shall also be posted in at least one place on the property or in 

proximity thereto.

    (c) Personal property impounded under this regulation may be 

disposed of at the expiration of 90-days after the date of impoundment. 

The owner may redeem the personal property within the 90-day period by 

submitting proof of ownership and paying all expenses incurred by the 

United States in advertising, gathering, moving, impounding, storing, 

and otherwise caring for the property, and also for the value of the use 

of the site occupied during the period of the trespass.

    (d) If the personal property is not redeemed on or before the date 

fixed for its disposition, it shall be sold by the Forest Service at 

public sale to the highest bidder. If no bid is received, the property, 

or portions thereof, may, in the discretion of the responsible Forest 

officer, be sold at private sale or be condemned and destroyed or 

otherwise disposed of. When personal property is sold pursuant to this 

regulation, the Forest officer making the sale shall furnish the 

purchaser a bill of sale or other written instrument evidencing the 

sale.

    (e) The provisions of this section shall not apply to the 

impoundment or disposal of beached logs in Alaska if deemed abandoned 

under State law.



[42 FR 2961, Jan. 14, 1977, as amended at 46 FR 33521, June 30, 1981. 

Redesignated at 48 FR 26604, June 9, 1983]