Okla. Stat. tit. 74, § 74-152.8

- Seizure and forfeiture of certain property - Recovery procedure.

A. The transportation of all unlawful oil or unlawful gas is

hereby declared to be a public nuisance and such unlawful gas or

unlawful oil shall be forfeited to the state. Except as provided by

this section and Section 8 of this act all vehicles being used to

transport said unlawful oil or unlawful gas shall also be forfeited

to the state.

B. Except as authorized by subsection C of this section, all

property taken or detained under this section by any authorized

person shall not be repleviable, and shall be deemed to be in the

custody of the office of the district attorney of the county in

which such property was seized, subject only to the decree of a

court of competent jurisdiction. If sufficient evidence exists, as

determined by the district attorney, that any oil or gas seized is

unlawful oil or unlawful gas or that any vehicle seized was used to

transport such unlawful oil or unlawful gas, said district attorney

shall follow the procedures provided in Section 8 of this act

dealing with notification of seizure, intent and forfeiture, final

disposition procedures, and release to innocent claimants with

regard to all property seized by such authorized persons. If

sufficient evidence does not exist, as determined by the district

attorney, that any oil or gas seized is unlawful oil or unlawful gas

or that any vehicle seized was used to transport such unlawful oil

or unlawful gas, the district attorney may release such oil or gas

or vehicle but shall notify any appropriate state or federal agency

of any possible permit or license violations.

C. 1. The owner of a vehicle, upon submission of a written

statement, under oath, to the office of the district attorney of the

county in which said property was seized that such owner had no

knowledge of the unlawfulness of the oil or gas or that the oil or

gas became unlawful without his knowledge after the creation of his

interest or that the vehicle was being used for the purpose charged

without his knowledge, and upon execution of a lien pursuant to this

subsection and entry of the lien on the certificate of title, shall

be entitled to recover the possession of the vehicle prior to the

commencement of the action.

2. The office of the district attorney of the county in which

property was seized shall have a lien upon any vehicle seized

pursuant to this section. If the title to the vehicle is not with

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the person from whom such vehicle was seized, the person having

title shall be given notice within five (5) days of such seizure and

of the opportunity to recover the vehicle pursuant to this

subsection. The lien on such vehicle shall be preferred to all other

liens or encumbrances which may attach to or upon such vehicle.

3. The office of the district attorney claiming the lien within

ten (10) days of seizure of the vehicle shall file in the office of

the county clerk of the county in which such property was seized a

statement verified by affidavit setting forth:

a. the registration number of the seized vehicle;

b. the name of the person having title to said vehicle;

and

c. a description of the vehicle including its value.

In addition, the office of the district attorney claiming the

lien shall provide for the entry of the lien on the certificate of

title pursuant to the Motor Vehicle Title Act. Such statement shall

be filed and the lien recorded on the certificate of title prior to

the recovery of the vehicle by the owner pursuant to this

subsection.

4. Any person having title to the seized vehicle on which a

lien is claimed pursuant to this subsection may at any time

discharge the lien by depositing with the county clerk of the county

in which property was seized a corporate surety bond made payable to

the state in an amount not less than the value of the vehicle
to

the recovery of the vehicle by the owner pursuant to this

subsection.

4. Any person having title to the seized vehicle on which a

lien is claimed pursuant to this subsection may at any time

discharge the lien by depositing with the county clerk of the county

in which property was seized a corporate surety bond made payable to

the state in an amount not less than the value of the vehicle

seized. Within three (3) business days after the deposit of bond is

made, the county clerk shall serve upon the office of the district

attorney claiming the lien, written notice setting forth:

a. the number of the lien claim;

b. the name of the vehicle owner;

c. the property description shown on the lien claim;

d. the names of the principal and surety; and

e. the bond penalty.

The party seeking to discharge the lien shall prepare and

deliver the notice to the county clerk of the county in which the

property was seized and pay a fee of Five Dollars ($5.00) to cover

the cost of filing and mailing. An abbreviated notice may be used

if the same refers to and encloses a copy of the lien claim and a

copy of the bond with the clerk's filing stamp thereon. The notice

shall be mailed by registered or certified mail at the option of the

county clerk.

If a bond is deposited, the district attorney shall have five

(5) days after the notice is mailed within which to file a written

objection with the county clerk of said county. If a written

objection is not timely made, the county clerk shall immediately

show the lien released of record. If an objection is timely made,

the county clerk shall set a hearing within five (5) days thereafter

and notify by ordinary mail both the office of the district attorney

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and the party making the deposit of the date and time thereof. The

only grounds for objection shall be that: The surety is not

authorized to transact business in this state; the bond is not

properly signed; the amount is less than the value of the vehicle

seized; the power of attorney of the surety's attorney-in-fact does

not authorize the execution; there is no power of attorney attached

if the bond is executed by anyone other than the surety's president

and attested by its secretary; or a cease and desist order has been

issued against the surety either by the Insurance Commissioner or a

court of competent jurisdiction. Within two (2) business days

following the hearing the county clerk shall either sustain or

overrule the objections and notify the parties of his ruling by

ordinary mail. If the objections are sustained, the ruling of the

county clerk shall be conclusive for lien release purposes unless

appealed within ten (10) days to the district court. If the

objections are overruled, the county clerk shall immediately show

the lien released of record.

The bond shall: Name the office of the district attorney in

which the property was seized as obligee and the party seeking the

release as principal; be executed by both the principal and the

surety; have a proper power of attorney attached if executed by an

attorney-in-fact; be executed by a corporate surety authorized to

transact business in this state; and be conditioned that the

principal and surety will pay the full amount of the claim as

established in any appropriate court proceeding, plus any court

costs, but in no event shall the liability of the principal or

surety under the bond exceed the bond penalty. The conditions of

any bond filed pursuant to this section shall be deemed to comply

with the requirements hereof, regardless of the language or

limitations set forth therein, if both the principal and surety

intend that the bond be filed to secure a lien release under this

section.

The bond shall stand in lieu of the released lien. The bond

shall stand liable for such principal, interest, and court costs.

The bond principal and surety are necessary parties to an action
ply

with the requirements hereof, regardless of the language or

limitations set forth therein, if both the principal and surety

intend that the bond be filed to secure a lien release under this

section.

The bond shall stand in lieu of the released lien. The bond

shall stand liable for such principal, interest, and court costs.

The bond principal and surety are necessary parties to an action

against the substituted security, and by filing a bond the parties

subject themselves to personal jurisdiction in the court where the

action is properly filed and may be served with process as in other

cases.

5. If the district attorney fails to file a forfeiture

proceeding pursuant to Section 8 of this act, upon application of

the party filing the bond and the payment of a fee of Ten Dollars

($10.00), the county clerk shall appropriately note on the bond that

the same has been released. The clerk shall not incur liability to

any lien claimant for the release of a bond in good faith.

6. Upon conviction of the owner of the vehicle for violating

the provisions of this act, the vehicle so seized upon which a lien

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has been filed pursuant to this subsection or any bond posted for

the discharge of the lien on such vehicle shall be forfeited to the

state pursuant to forfeiture proceedings provided by Section 8 of

this act.

7. Upon the acquittal of such person charged with violating the

provisions of this section or upon the dismissal with prejudice of

said charge against such person or it is shown that the owner of

such vehicle was not knowledgeable concerning the illegal use of his

vehicle, the lien on the vehicle shall be immediately discharged in

accordance with procedures for the discharge of liens, or the bond

posted shall be returned to the person posting such bond.