§ 21-12-308. DISPOSITION.

(a)

Determination of non-forfeiture. If, after a full hearing, the court determines that the minibike should not be forfeited, the court shall order that the minibike be released.

(b)

Determination of forfeiture - In general. If the court determines that the minibike should be forfeited, the court shall order that the minibike be forfeited to the county.

(c)

Same - If the owner gave a bond.

(1)

If the court directs that the minibike or any interest or equity as the owner may have in the minibike be forfeited, judgment may be entered against the obligors on the bond for the penalty, without further or other proceeding, to be discharged by the payment of the appraised value of the minibike forfeited and costs, upon which judgment execution may be issued.

(2)

Any sums realized on any bond posted to regain possession of the minibike shall be applied as provided for proceeds of sale under subsection (d) of this section.

(d)

Same - Secured party.

(1)

If the court determines that the minibike is subject to a bona fide recorded security interest created without the knowledge that the minibike was being or was to be used in violation of this title, the court shall order that the minibike be released within 5 days to the secured party of record.

(2)

The secured party shall sell the minibike in a commercially reasonable manner.

(3)

The proceeds of the sale shall be applied as follows:

(i)

To the court costs of the forfeiture proceedings;

(ii)

To the balance due the secured party, including all reasonable costs incident to the sale;

(iii)

To payment of all other expenses of the proceedings for forfeiture, including expenses of seizure or maintenance or custody; and

(iv)

To the general fund of the county.

(e)

Terms of sale; title. Any sale ordered under this section shall be made for cash and shall vest in the purchaser a clear and absolute title to the minibike.

(1988 Code, § 21-224) (Bill No. 72-00, § 2, 7-1-2004)