New Hampshire § 149-M-14 - Section 149-M:14 Forfeiture of Property.

§ 149-M-14. Section 149-M:14 Forfeiture of Property.

I. Any property, including, but not limited to, equipment, vehicles, and real property used or intended for use in violation of this chapter, and any property constituting the proceeds of a violation of this chapter, including, but not limited to, money, may be seized by the state and forfeited to the state as provided in this section. Property seized under this section may be held by the state either as evidence of a violation of this chapter or in order to secure it prior to forfeiture proceedings. II. The state may seize any interest in real property by filing in the registry of deeds in the county where the property is located a notice of attachment stating that the state has attached the identified property pursuant to this section. III. The state shall have a lien on any property subject to forfeiture under this section upon seizure of such property. Upon forfeiture the state's title to the property relates back to the date of seizure. IV. Within 30 days of the seizure of any property under paragraph I, the attorney general shall file a petition in the superior court of the county in which the property was seized, requesting forfeiture of the property. The court shall issue an order of notice requiring the state to send by certified mail a copy of the petition to the owner of the property and to other persons appearing to have an interest in the property. If no such petition is filed within 30 days of the seizure of the property, that property shall be returned to its owner. V. Within 30 days of receipt of the attorney general's petition for forfeiture, the court shall schedule a hearing. This hearing shall be conducted as a civil action. The court may order forfeiture of the property seized under paragraph I if the state establishes by a preponderance of the evidence that (a) the property was used or intended for use in violation of the chapter or that the property constitutes the proceeds of a violation of the chapter and (b) that the owner of the property knew or should have known that the property was used or intended for use in violation of the chapter or that the property constituted the proceeds of a violation of the chapter. At the request of any party to the forfeiture proceedings, the court may grant a continuance until the final resolution of any proceedings which were brought against a party under this chapter and which arose from the transaction which gave rise to the forfeiture proceedings. VI. If forfeiture is granted, the attorney general shall provide for the disposition of the property forfeited in any manner not prohibited by law, including retention of the property for official use by law enforcement or other public agencies or by sale at public auction. The attorney general shall pay the reasonable expenses of the seizure, forfeiture proceeding, and sale of property from the proceeds of any public auction of forfeited items or from any penalty obtained under this chapter. All outstanding recorded liens on any property forfeited shall be paid in full within a reasonable time following the court proceedings.