27-511. Confiscation proceedings
A. Illegal oil and gas and illegal products shall be seized and sold as
contraband. The sale shall not take place unless the court finds in a proceeding held as
provided by this section, that the commodity involved is contraband.
B. If the commissioner believes that illegal oil or gas or illegal product is
subject to seizure and sale, he shall, through the attorney general, bring a civil action
in rem for that purpose in the superior court of the county in which the commodity is
found, or the action may be maintained in connection with any action or cross action for
injunction, or for penalty relating to any prohibited transaction involving illegal oil
or gas or illegal product. Any interested person adversely affected by seizure and sale
may intervene in the suit to protect his rights. The action shall proceed in the name of
the state as plaintiff against the illegal oil or gas or illegal product as defendant,
and no bond shall be required of plaintiff.
C. Upon filing of the complaint, the clerk of the court shall issue a summons
directed to the sheriff of the county or to any person the court may authorize to serve
process, requiring him to summon all persons interested in the illegal oil or gas or
illegal product mentioned in the complaint to appear and answer within thirty days after
issuance and service of summons. Such persons need not be named or otherwise
identified. The summons shall contain the style and number of the suit and a brief
statement of the nature of the action. It shall be served by posting one copy at the
courthouse door of the county in which the commodity is alleged to be located and by
posting another copy near the place where the commodity is located. Copies of the
summons shall be posted not less than five days before the return day stated therein, and
posting shall be deemed constructive possession of the commodity by the state. A copy of
the summons shall be published once each week for three weeks in a newspaper published in
the county where the suit is pending. No judgment shall be pronounced by a court
condemning the commodity as contraband until five days from the last publication of the
summons. Proof of service by the person authorized by the court to serve process shall
be by affidavit of the person making the service and proof of service by the sheriff
shall be by return as required by law with respect to service of process in civil
actions.
D. When it appears by a verified pleading on the part of the plaintiff, or by
affidavit, that grounds for the seizure and sale exist, the clerk, in addition to the
summons, shall issue an order of seizure, which shall be signed by the clerk and bear the
seal of the court. The order of seizure shall specifically describe the illegal oil or
gas or illegal product so that it may be identified with reasonable certainty. It shall
direct the sheriff to whom addressed to take into his actual or constructive custody the
illegal oil or gas or illegal product described in the order, and hold the commodity
subject to order of the court. The order of seizure shall be executed as a writ of
attachment is executed. No bond shall be required before the issuance of the order of
seizure, and the sheriff shall be responsible upon his official bond for the proper
execution thereof.
E. The sheriff shall receive, for his service, a fee as in case of seizure of
personal property, to be assessed as other costs in the cause.
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