§ 23-28.28-35 Forfeiture of vehicles,vessels, or aircraft. – (a) Any vehicle, vessel, or aircraft being used to transport any explosives asdefined under this chapter shall be seized and forfeited to the state if thatvehicle, vessel, or aircraft is not being used by a person licensed to blast ora permittee to transport or possess explosives; provided, that no vehicle,vessel, or aircraft used by any person shall be forfeited under the provisionsof this chapter unless it shall appear that the owner of the vehicle, vessel,or aircraft had knowledge, actual or constructive, and was a consenting partyto the alleged illegal act.
(b) Any law enforcement agency whose duty it is to enforcethe laws of this state is empowered to authorize designated officers or agentsto carry out the seizure provisions of this chapter. It shall be the duty ofany officer or agent so authorized, designated, or authorized by law, wheneverhe or she shall discover any vehicle, vessel, or aircraft which has been or isbeing used in violation of any provisions of this chapter, or in, upon, or bymeans of which any violation of this chapter has taken or is taking place, toseize such vehicle, vessel, or aircraft and to place it in the custody of suchperson as may be authorized or designated for that purpose by the respectivelaw enforcement agency pursuant to these provisions.
(c) The attorney general shall proceed pursuant to§§ 12-21-23 – 12-21-32 to show cause why the vehicle, vessel, oraircraft shall be forfeited to the use of, or the sale by, the law enforcementagency making the seizure on producing due proof that the vehicle, vessel, oraircraft was being used in violation of the provisions of this chapter. Noticeto the owner thereof of the seizure and of the time set for hearing thereonshall not be less than five (5) days nor more than fifteen (15) days after theseizure. When it appears by affidavit that the residence of the owner of avehicle, vessel, or aircraft is out of the state or is unknown to the attorneygeneral the court shall appoint an attorney to represent the absent ownerwithin ten (10) days after the application. The affidavit may be made by theattorney general or one of his or her assistants. The attorney so appointed maywaive service and citation of the petition but shall not waive time or anylegal defense. At all times herein notice shall also be given to all recordedlienholders and the use or sale of any vehicle, vessel, or aircraft forfeitedunder this chapter shall be subject to the rights of those recorded lienholders.
§ 23-28.28-35 Forfeiture of vehicles,vessels, or aircraft. – (a) Any vehicle, vessel, or aircraft being used to transport any explosives asdefined under this chapter shall be seized and forfeited to the state if thatvehicle, vessel, or aircraft is not being used by a person licensed to blast ora permittee to transport or possess explosives; provided, that no vehicle,vessel, or aircraft used by any person shall be forfeited under the provisionsof this chapter unless it shall appear that the owner of the vehicle, vessel,or aircraft had knowledge, actual or constructive, and was a consenting partyto the alleged illegal act.
(b) Any law enforcement agency whose duty it is to enforcethe laws of this state is empowered to authorize designated officers or agentsto carry out the seizure provisions of this chapter. It shall be the duty ofany officer or agent so authorized, designated, or authorized by law, wheneverhe or she shall discover any vehicle, vessel, or aircraft which has been or isbeing used in violation of any provisions of this chapter, or in, upon, or bymeans of which any violation of this chapter has taken or is taking place, toseize such vehicle, vessel, or aircraft and to place it in the custody of suchperson as may be authorized or designated for that purpose by the respectivelaw enforcement agency pursuant to these provisions.
(c) The attorney general shall proceed pursuant to§§ 12-21-23 – 12-21-32 to show cause why the vehicle, vessel, oraircraft shall be forfeited to the use of, or the sale by, the law enforcementagency making the seizure on producing due proof that the vehicle, vessel, oraircraft was being used in violation of the provisions of this chapter. Noticeto the owner thereof of the seizure and of the time set for hearing thereonshall not be less than five (5) days nor more than fifteen (15) days after theseizure. When it appears by affidavit that the residence of the owner of avehicle, vessel, or aircraft is out of the state or is unknown to the attorneygeneral the court shall appoint an attorney to represent the absent ownerwithin ten (10) days after the application. The affidavit may be made by theattorney general or one of his or her assistants. The attorney so appointed maywaive service and citation of the petition but shall not waive time or anylegal defense. At all times herein notice shall also be given to all recordedlienholders and the use or sale of any vehicle, vessel, or aircraft forfeitedunder this chapter shall be subject to the rights of those recorded lienholders.
§ 23-28.28-35 Forfeiture of vehicles,vessels, or aircraft. – (a) Any vehicle, vessel, or aircraft being used to transport any explosives asdefined under this chapter shall be seized and forfeited to the state if thatvehicle, vessel, or aircraft is not being used by a person licensed to blast ora permittee to transport or possess explosives; provided, that no vehicle,vessel, or aircraft used by any person shall be forfeited under the provisionsof this chapter unless it shall appear that the owner of the vehicle, vessel,or aircraft had knowledge, actual or constructive, and was a consenting partyto the alleged illegal act.
(b) Any law enforcement agency whose duty it is to enforcethe laws of this state is empowered to authorize designated officers or agentsto carry out the seizure provisions of this chapter. It shall be the duty ofany officer or agent so authorized, designated, or authorized by law, wheneverhe or she shall discover any vehicle, vessel, or aircraft which has been or isbeing used in violation of any provisions of this chapter, or in, upon, or bymeans of which any violation of this chapter has taken or is taking place, toseize such vehicle, vessel, or aircraft and to place it in the custody of suchperson as may be authorized or designated for that purpose by the respectivelaw enforcement agency pursuant to these provisions.
(c) The attorney general shall proceed pursuant to§§ 12-21-23 – 12-21-32 to show cause why the vehicle, vessel, oraircraft shall be forfeited to the use of, or the sale by, the law enforcementagency making the seizure on producing due proof that the vehicle, vessel, oraircraft was being used in violation of the provisions of this chapter. Noticeto the owner thereof of the seizure and of the time set for hearing thereonshall not be less than five (5) days nor more than fifteen (15) days after theseizure. When it appears by affidavit that the residence of the owner of avehicle, vessel, or aircraft is out of the state or is unknown to the attorneygeneral the court shall appoint an attorney to represent the absent ownerwithin ten (10) days after the application. The affidavit may be made by theattorney general or one of his or her assistants. The attorney so appointed maywaive service and citation of the petition but shall not waive time or anylegal defense. At all times herein notice shall also be given to all recordedlienholders and the use or sale of any vehicle, vessel, or aircraft forfeitedunder this chapter shall be subject to the rights of those recorded lienholders.
