§ 23-19.1-17.1 - Seizure and forfeiture of property used to violate chapter. - Rhode Island Statutes

SECTION 23-19.1-17.1

   § 23-19.1-17.1  Seizure and forfeiture ofproperty used to violate chapter. – (a) It shall be unlawful to willfully, knowingly, and intentionally use, orpossess with the intention to so use, any aircraft, vehicle, vessel, draftanimal, or other property to transport or dispose hazardous waste in violationof this chapter. Any property used this way may be seized, and shall beforfeited to the state.

   (b) Any property subject to forfeiture may be seized by thedirector before forfeiture proceedings are instituted. Property seized shallremain in the care and custody and under the control of the director, pendingdisposition as provided in this section.

   (c) The superior court for Providence County shall havejurisdiction to enforce forfeiture. Proceedings for forfeiture may beinstituted and prosecuted in the name of the director.

   (d) In the event that bond as provided in this section shallhave been executed and the property returned before forfeiture proceedings havebeen instituted in the superior court, all parties executing the bond shall begiven notice of the pendency of the proceedings, by personal service orpublication, in any manner and form as the court may direct. Notice of thependency of the proceedings shall be given to any persons and in any manner andform as the court may direct.

   (e) When, in the opinion of the director, any seized propertyis liable to perish or become greatly reduced in price or value by keeping, orwhen it cannot be kept without great expense, the director shall appraise theproperty; and then:

   (1) The owner shall have the property returned to him, her,or it, upon giving bond in an amount equal to the appraised value to abide thefinal order, decree, or judgment of the court in forfeiture proceedings underthis section, and to pay the amount of the appraised value to the director, oras may be ordered and directed by the court; or

   (2) If the owner shall neglect or refuse to give the bond,the director shall as soon as possible make public sale of the property. Theproceeds of the sale, after deducting the reasonable costs of the seizure andsale, shall be paid to the court to abide its final order, decree, or judgment.

   (f) Whenever any person interested in any property seizedunder this section files with the court before its final order, decree, orjudgment a petition in any manner and form as the court may direct, for themitigation of the forfeiture, the court may mitigate this forfeiture upon anyterms and conditions as it deems just and reasonable, or may orderdiscontinuance of the forfeiture proceedings, if the court finds any mitigatingcircumstances to justify the mitigation or discontinuance.

   (g) After final order, decree or judgment grantingforfeiture, the director may:

   (1) Make public sale of the property. In this case theproceeds of the sale, after deducting the reasonable costs of the seizure andsale, shall be used by the director in furtherance of the enforcement of thischapter; or

   (2) Use the property in furtherance of the enforcement ofthis chapter.

   (h) The court may order and direct the director to deliverseized property to any interested party before a final order, decree, orjudgment in a forfeiture proceeding, if the interested party shall give bond inthe amount of the appraised value of the property to abide the final order,decree, or judgment of the court, and to pay the amount of the appraised valueto the director, or as may be ordered and directed by the court. The value ofthe property shall be appraised in any manner as the court may order anddirect, and the cost of the appraisal shall be paid by the interested party.

   (i) Forfeiture of property under this section shall be inaddition to any other penalty provided by law.