32-4-10.2.   Forfeiture proceeding--Time of hearing--Standard and burden of proof--Release to owner on condition of obtaining identification number. A forfeiture proceeding as provided in § 32-4-10.1, shall be set for hearing within sixty days from the date of filing the verified answer. At the hearing, the state shall establish by a preponderance of the evidence that the original manufacturer's vehicle identification number or serial number on the motor vehicle, trailer, or component part has been removed, defaced, altered, obscured, or destroyed and that such vehicle or component part had no identification number attached to it as described in § 32-4-10. If the court finds that the state has met this burden, it shall order the motor vehicle, trailer or component part forfeited. If the court finds that the property is not subject to forfeiture, it shall order the property released to the owner, party in interest or claimant, as his right, title, or interest appears on the condition that such person obtain an identification number from the Department of Revenue under the provisions of § 32-3-22.

Source: SL 1988, ch 239, § 3; SL 2004, ch 17, § 50; SL 2011, ch 1 (Ex. Ord. 11-1), § 161, eff. Apr. 12, 2011.

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