Title 48, Chapter 2, Section 82
( 48-2-82)
(a)(1) Any contraband article and any vessel, vehicle, aircraft,
or other conveyance which has been or is being used in violation
of any provision of this title or of the revenue laws of this
state, and any vessel, vehicle, aircraft, or other conveyance in,
upon, or by means of which any violation has taken or is taking
place shall be seized by any law enforcement officer or revenue
officer of this state without a warrant and shall be delivered
forthwith to the commissioner. (2) After any such delivery, the commissioner shall post a notice
of the seizure for a period of ten days in a prominent place in
the courthouse of the county in which the seizure occurred. The
notice shall state that a decision as to seizure and forfeiture
will be made by the commissioner at the expiration of the ten-day
period; and the notice shall act as a bar against any person
subsequently asserting a claim of any interest existing in the
article at the time of seizure. (3) Upon determining that an article is contraband and that the
seizure and forfeiture of the article is in accordance with this
Code section, the commissioner shall direct the disposition or
destruction of the article as he may reasonably deem appropriate.
Any sale of such articles shall be to the highest bidder for cash
and the proceeds of the sale shall be delivered to the Office of
Treasury and Fiscal Services. (b) No vessel, vehicle, aircraft, or other conveyance used in the
transaction of business as a common carrier shall be forfeited under
this Code section unless it shall appear that, in the case of a
railway car or engine, the owner or, in the case of any other such
vessel, vehicle, aircraft, or other conveyance, the owner or the
master of such vessel or the owner or conductor, driver, pilot, or
other person in charge of such vehicle, aircraft, or other
conveyance was at the time of the alleged illegal act a consenting
party or privy thereto. (c) No vessel, vehicle, aircraft, or other conveyance shall be
forfeited under this Code section by reason of any act or omission
shown by the owner of the conveyance to have been committed or
omitted by any person other than the owner while the vessel,
vehicle, aircraft, or other conveyance was unlawfully in the
possession of a person who acquired possession of the conveyance in
violation of the criminal laws applicable to the location of
acquisition, whether of the United States or of any state of the
United States. |