Title 10, Chapter 1, Section 354
( 10-1-354)
(a) If the secondary metals recycler contests the identification or
ownership of the regulated metal property, the party other than the
secondary metals recycler claiming ownership of any regulated metal
property in the possession of a secondary metals recycler may,
provided that a timely report of the theft of the regulated metal
property was made to the proper authorities, bring an action in the
superior or state court of the county in which the secondary metals
recycler is located. The petition for such action must include a
description of the means of identification of the regulated metal
property utilized by the petitioner to determine ownership of the
regulated metal property in the possession of the secondary metals
recycler. (b) When a lawful owner recovers stolen regulated metal property
from a secondary metals recycler who has complied with the
provisions of this article, and the person who sold the regulated
metal property to the secondary metals recycler is convicted of
theft, a violation of this article, or theft by receiving stolen
property, the court shall order the defendant to make full
restitution, including, without limitation, attorneys' fees, court
costs, and other expenses to the secondary metals recycler. |