§ 4245 - Remission or mitigation of forfeiture - Vermont Statutes

§ 4245. Remission or mitigation of forfeiture

(a) On petition filed within 90 days of completion of a forfeiture proceeding, the claims commission established in section 931 of Title 32 may order that the forfeiture be remitted or mitigated. The petition shall be sworn, and shall include all information necessary for its resolution or shall describe where such information can be obtained. Upon receiving a petition, the claims commission shall investigate and may conduct a hearing if in its judgment it would be helpful to resolution of the petition. The claims commission shall either grant or deny the petition within 90 days.

(b) The claims commission may remit or mitigate a forfeiture upon finding that relief should be granted to avoid extreme hardship or upon finding that the petitioner has a valid, good faith interest in the property which is not held through a straw purchase, trust or otherwise for the benefit of another and that the petitioner did not at any time have knowledge or reason to believe that the property was being or would be used in violation of the law. (Added 1985, No. 174 (Adj. Sess.), § 2.)