§ 90‑112.1. Remission or mitigation of forfeitures; possession pending trial.
(a) Whenever, in any proceeding in court for a forfeiture, underG.S. 90‑112 of any conveyance seized for a violation of this Article thecourt shall have exclusive jurisdiction to continue, remit or mitigate theforfeiture.
(b) In any such proceeding the court shall not allow the claimof any claimant for remission or mitigation unless and until he proves (i) thathe has an interest in such conveyance, as owner or otherwise, which he acquiredin good faith; (ii) that he had no knowledge, or reason to believe, that it wasbeing or would be used in the violation of laws of this State relating tocontrolled substances; (iii) that his interest is in an amount in excess orequal to the fair market value of such conveyance.
(c) If the court, in its discretion, allows the remission ormitigation the conveyance shall be returned to the claimant; and should therebe joint request of any two or more claimants, whose claims are allowed, the courtshall order the return of the conveyance to such of the joint requestingclaimants as have the prior claim on lien. Such return shall be made only uponpayment of all expenses incident to the seizure and forfeiture incurred by theState. In all other cases the court shall order disposition of such conveyanceas provided in G.S. 90‑112, and after satisfaction of the expenses of thesale, and such claims as may be approved by the court, the funds shall be paidto the treasurer or proper officer authorized to receive fines and forfeituresto be used for the school fund of the county in which said vehicle was seized.
(d) If the court should determine that the conveyance should beheld for purposes of evidence, then it may order the vehicle to be held untilthe case is heard. (1975, c. 601.)
§ 90‑112.1. Remission or mitigation of forfeitures; possession pending trial.
(a) Whenever, in any proceeding in court for a forfeiture, underG.S. 90‑112 of any conveyance seized for a violation of this Article thecourt shall have exclusive jurisdiction to continue, remit or mitigate theforfeiture.
(b) In any such proceeding the court shall not allow the claimof any claimant for remission or mitigation unless and until he proves (i) thathe has an interest in such conveyance, as owner or otherwise, which he acquiredin good faith; (ii) that he had no knowledge, or reason to believe, that it wasbeing or would be used in the violation of laws of this State relating tocontrolled substances; (iii) that his interest is in an amount in excess orequal to the fair market value of such conveyance.
(c) If the court, in its discretion, allows the remission ormitigation the conveyance shall be returned to the claimant; and should therebe joint request of any two or more claimants, whose claims are allowed, the courtshall order the return of the conveyance to such of the joint requestingclaimants as have the prior claim on lien. Such return shall be made only uponpayment of all expenses incident to the seizure and forfeiture incurred by theState. In all other cases the court shall order disposition of such conveyanceas provided in G.S. 90‑112, and after satisfaction of the expenses of thesale, and such claims as may be approved by the court, the funds shall be paidto the treasurer or proper officer authorized to receive fines and forfeituresto be used for the school fund of the county in which said vehicle was seized.
(d) If the court should determine that the conveyance should beheld for purposes of evidence, then it may order the vehicle to be held untilthe case is heard. (1975, c. 601.)
§ 90‑112.1. Remission or mitigation of forfeitures; possession pending trial.
(a) Whenever, in any proceeding in court for a forfeiture, underG.S. 90‑112 of any conveyance seized for a violation of this Article thecourt shall have exclusive jurisdiction to continue, remit or mitigate theforfeiture.
(b) In any such proceeding the court shall not allow the claimof any claimant for remission or mitigation unless and until he proves (i) thathe has an interest in such conveyance, as owner or otherwise, which he acquiredin good faith; (ii) that he had no knowledge, or reason to believe, that it wasbeing or would be used in the violation of laws of this State relating tocontrolled substances; (iii) that his interest is in an amount in excess orequal to the fair market value of such conveyance.
(c) If the court, in its discretion, allows the remission ormitigation the conveyance shall be returned to the claimant; and should therebe joint request of any two or more claimants, whose claims are allowed, the courtshall order the return of the conveyance to such of the joint requestingclaimants as have the prior claim on lien. Such return shall be made only uponpayment of all expenses incident to the seizure and forfeiture incurred by theState. In all other cases the court shall order disposition of such conveyanceas provided in G.S. 90‑112, and after satisfaction of the expenses of thesale, and such claims as may be approved by the court, the funds shall be paidto the treasurer or proper officer authorized to receive fines and forfeituresto be used for the school fund of the county in which said vehicle was seized.
(d) If the court should determine that the conveyance should beheld for purposes of evidence, then it may order the vehicle to be held untilthe case is heard. (1975, c. 601.)
