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- Alaska Statutes.
- Title 28. Motor Vehicles
- Chapter 35. Offenses and Accidents
- Section 37. Remission of Forfeitures.
previous: Section 36
. Forfeiture of Vehicle, Aircraft, or Watercraft.
next: Section 38
. Municipal Impoundment and Forfeiture. [Repealed, Sec. 55 Ch 60 SLA 2002].
AS 28.35.037. Remission of Forfeitures.
- (a) Upon receiving notice from the court of the time and place set for a hearing under AS 28.35.036
, the state shall provide to every person who has an ascertainable ownership or security interest in the motor vehicle,
aircraft, or watercraft written notice that includes
- (1) a description of the motor vehicle, aircraft, or watercraft;
- (2) the time and place of the forfeiture hearing;
- (3) the legal authority under which the motor vehicle, aircraft, or watercraft, may be forfeited;
- (4) notice of the right to intervene to protect the interest in the motor vehicle, aircraft, or watercraft.
- (b) At the hearing, a person who claims an ownership or security interest in the motor vehicle, aircraft, or watercraft,
must establish by a preponderance of the evidence that
- (1) the petitioner has an interest in the motor vehicle, aircraft, or watercraft, acquired in good faith;
- (2) a person other than the petitioner was convicted of the offense that resulted in the forfeiture; and
- (3) before parting with the motor vehicle, aircraft, or watercraft, the petitioner did not know or have reasonable cause
to believe that it would be used in the commission of an offense.
- (c) If a person satisfies the requirements of (b) of this section, the court shall order that an amount equal to the value
of the petitioner's interest in the motor vehicle, aircraft, or watercraft be paid to the petitioner, or the court
shall order that the motor vehicle, aircraft, or watercraft be released to the petitioner together with title to the
motor vehicle, aircraft or watercraft.
- (d) Forfeiture of a motor vehicle, aircraft, or watercraft under AS 28.35.036 is without prejudice to the rights and does not
extinguish the claims of a creditor with an interest in the motor vehicle, aircraft, or watercraft.
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