§4511. Reopening forfeiture proceedings; rehearing; jurisdiction of courts

Link to law: http://legislature.vermont.gov/statutes/section/10/109/04511
Published: 2015

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Title

10

:
Conservation and Development






Chapter

109

:
PENALTIES AND ENFORCEMENT






Subchapter

001
:
GENERAL PROVISIONS










 

§

4511. Reopening forfeiture proceedings; rehearing; jurisdiction of courts

(a) At any time

within one year after such property shall have been adjudged forfeited, and

upon notice to the state's attorney of the county, a claimant, upon showing

that he or she had no knowledge of the hearing, may apply to the court before

whom former proceedings were had to have the cause reopened, provided he or she

shall give security by way of recognizance to the state, with sufficient

sureties, in such sum as the court directs, conditioned that the claimant will

prosecute his or her claim to effect and pay the costs awarded against him. If

upon rehearing such claimant establishes his or he rclaim, the court shall

certify to the commissioner of finance and management the amount of such claim,

not exceeding the net amount actually realized by the state from the sale of

such firearm, motor or other vehicle, or other device and the commissioner of

finance and management shall issue his or her warrant therefor.

(b) [Repealed.]  (Added 1961, No. 119, § 1, eff. May 9, 1961;

amended 1965, No. 194, § 10, eff. July 1, 1965, operative Feb. 1, 1967; 1973,

No. 249 (Adj. Sess.), § 111, eff. April 9, 1974; 1983, No. 195 (Adj. Sess.), §

5(b).)
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