{"data":{"id":"us-ok/okla.-stat.-tit.-2-2-2-14.1","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 2, § 2-2-14.1","heading":"Seizure and forfeiture of property","body":"A. The Oklahoma Department of Agriculture, Food, and Forestry\n\nmay take into possession any vehicle, implement of husbandry,\n\nfarming equipment or farm implement and any and all livestock, or\n\nany part thereof, killed, taken, shipped, or possessed in violation\n\nof any provision of the Oklahoma Agricultural Code.\n\nB. In addition to the property described in subsection A of\n\nthis section, the following property is also subject to forfeiture\n\npursuant to this section:\n\n1. Property used in the commission of theft of livestock or in\n\nany manner to facilitate the theft of livestock;\n\n2. The proceeds gained from the commission of theft of\n\nlivestock;\n\n3. Personal property acquired with proceeds gained from the\n\ncommission of theft of livestock;\n\n4. All conveyances, including aircraft, vehicles or vessels,\n\nand horses or dogs which are used to transport or in any manner to\n\nfacilitate the transportation for the purpose of the commission of\n\ntheft of livestock;\n\n5. Any items having a counterfeit mark;\n\n6. Any weapon possessed, used or available for use in any\n\nmanner during the commission of a theft of livestock within the\n\nState of Oklahoma; and\n\n7. Any computer and its components and peripherals, including\n\nbut not limited to the central processing unit, monitor, keyboard,\n\nprinters, scanners, software, and hardware, when it is used in the\n\ncommission of theft of livestock in this state.\n\nC. The property may be held as evidence until a forfeiture has\n\nbeen declared or a release ordered. Forfeiture actions under this\n\nsection may be brought in district court by the Office of General\n\nCounsel of the Oklahoma Department of Agriculture, Food, and\n\nForestry as petitioner. At the request of the Commissioner of\n\nAgriculture, the district attorney in the county of venue shall\n\nbring a forfeiture action under this section. Provided, in the\n\nevent the Department or the district attorney elects not to file an\n\naction, or fails to file an action within ninety (90) days of the\n\ndate of the seizure of the equipment, the property shall be returned\n\nto the owner.\n\nD. Notice of seizure and intended forfeiture proceeding shall\n\nbe filed in the office of the clerk of the district court for the\n\ncounty where the property is seized and shall be given to all owners\n\nand parties in interest. Notice shall be given according to one of\n\nthe following methods:\n\n1. Upon each owner or party in interest whose right, title, or\n\ninterest is of record in the Oklahoma Tax Commission or with the\n\ncounty clerk for filings under the Uniform Commercial Code, served\n\nin the manner of service of process in civil cases prescribed by\n\nSection 2004 of Title 12 of the Oklahoma Statutes;\n\n2. Upon each owner or party in interest whose name and address\n\nis known, served in the manner of service of process in civil cases\n\nprescribed by Section 2004 of Title 12 of the Oklahoma Statutes; or\n\n3. Upon all other owners, whose addresses are unknown, but who\n\nare believed to have an interest in the property by one publication\n\nin a newspaper of general circulation in the county where the\n\nseizure was made.\n\nE. Within sixty (60) days after the mailing or publication of\n\nthe notice, the owner of the property and any other party in\n\ninterest or claimant may file a verified answer and claim to the\n\nproperty described in the notice of seizure and of the intended\n\nforfeiture proceeding.\n\nF. If at the end of sixty (60) days after the notice has been\n\nmailed or published there is no verified answer on file, the\n\ndistrict court shall hear evidence upon the fact of the unlawful use\n\nand may order the property forfeited to the state, if proven.\n\nG. If a verified answer is filed, the forfeiture proceeding\n\nshall be set for hearing. At the hearing, the petitioner shall\n\nprove by a preponderance of the evidence that property was used in\n\nthe attempt or commission of an act specified in subsection A of\nile, the\n\ndistrict court shall hear evidence upon the fact of the unlawful use\n\nand may order the property forfeited to the state, if proven.\n\nG. If a verified answer is filed, the forfeiture proceeding\n\nshall be set for hearing. At the hearing, the petitioner shall\n\nprove by a preponderance of the evidence that property was used in\n\nthe attempt or commission of an act specified in subsection A of\n\nthis section or is property described in subsection B of this\n\nsection with knowledge by the owner of the property.\n\nH. The claimant of any right, title, or interest in the\n\nproperty may prove the lien, mortgage, or conditional sales contract\n\nto be bona fide and that the right, title, or interest created by\n\nthe document was created without any knowledge or reason to believe\n\nthat the property was being, or was to be, used for the purpose\n\ncharged.\n\nI. In the event of such proof, the district court may order the\n\nproperty released to the bona fide or innocent owner, lienholder,\n\nmortgagee, or vendor if the amount due the person is equal to, or in\n\nexcess of, the value of the property as of the date of the seizure,\n\nit being the intention of this section to forfeit only the right,\n\ntitle, or interest of the purchaser, except for items bearing a\n\ncounterfeit mark or used exclusively to manufacture a counterfeit\n\nmark.\n\nJ. If the amount due to the person is less than the value of\n\nthe property, or if no bona fide claim is established, the property\n\nmay be forfeited to the state and may be sold pursuant to judgment\n\nof the court, as on sale upon execution, and as provided in Section\n\n2-508 of Title 63 of the Oklahoma Statutes, except as otherwise\n\nprovided for by law and for property bearing a counterfeit mark\n\nwhich shall be destroyed.\n\nK. Property taken or detained pursuant to this section shall\n\nnot be repleviable, but shall be deemed to be in the custody of the\n\npetitioner or in the custody of the law enforcement agency. Except\n\nfor property required to be destroyed pursuant to the Trademark\n\nAnti-Counterfeiting Act, the petitioner shall release the property\n\nto the owner of the property if it is determined that the owner had\n\nno knowledge of the illegal use of the property or if there is\n\ninsufficient evidence to sustain the burden of showing illegal use\n\nof the property. If the owner of the property stipulates to the\n\nforfeiture and waives the hearing, the petitioner may determine if\n\nthe value of the property is equal to or less than the outstanding\n\nlien. If the lien exceeds the value of the property, the property\n\nmay be released to the lien holder. Property which has not been\n\nreleased by the petitioner shall be subject to the orders and\n\ndecrees of the court or the official having jurisdiction thereof.\n\nL. The petitioner, or the law enforcement agency holding\n\nproperty, shall not be held civilly liable for having custody of the\n\nseized property or proceeding with a forfeiture action as provided\n\nfor in this section.\n\nM. Attorney fees shall not be assessed against the state or the\n\npetitioner for any actions or proceeding pursuant to this section.\n\nN. The proceeds of the sale of any property shall be\n\ndistributed as follows, in the order indicated:\n\n1. To the bona fide or innocent purchaser, conditional sales\n\nvendor, or mortgagee of the property, if any, up to the amount of\n\nthat person’s interest in the property, when the court declaring the\n\nforfeiture orders a distribution to the person;\n\n2. To the payment of the actual reasonable expenses of\n\npreserving the property; and\n\n3. The balance shall be distributed as follows:\n\na. two-thirds (2/3) of the amount to the Agriculture\n\nEvidence and Law Enforcement Fund, and\n\nb. one-third (1/3) to the district attorney of the county\n\nwherein the property was seized for the victim-witness\n\nfund, a reward fund, or the evidence fund. If the\n\npetitioner is not the district attorney, then the one-\nes of\n\npreserving the property; and\n\n3. The balance shall be distributed as follows:\n\na. two-thirds (2/3) of the amount to the Agriculture\n\nEvidence and Law Enforcement Fund, and\n\nb. one-third (1/3) to the district attorney of the county\n\nwherein the property was seized for the victim-witness\n\nfund, a reward fund, or the evidence fund. If the\n\npetitioner is not the district attorney, then the one-\n\nthird (1/3) which would have been designated to that\n\noffice shall be distributed to the Agriculture\n\nEvidence and Law Enforcement Fund.\n\nO. Monies distributed into the fund from forfeitures initiated\n\nunder this section by the district attorney shall be limited to a\n\nbalance of One Hundred Thousand Dollars ($100,000.00) at any one\n\ntime. Any amount in excess of these figures shall be placed in the\n\nAgriculture Revolving Fund.\n\nP. If the district court finds that the property was not used\n\nin the attempt or commission of an act specified in subsection A of\n\nthis section and was not property subject to forfeiture pursuant to\n\nsubsection B of this section and is not property bearing a\n\ncounterfeit mark, the Board or the court shall order the property\n\nreleased to the owner as the right, title or interest appears on\n\nrecord in the Oklahoma Tax Commission as of the seizure.\n\nQ. No vehicle, airplane, or vessel used by a person as a common\n\ncarrier in the transaction of business as a common carrier shall be\n\nforfeited pursuant to the provisions of this section unless it is\n\nproven that the owner or other person in charge of the conveyance\n\nwas a consenting party or privy to the attempt or commission of an\n\nact specified in subsection A or B of this section. No property\n\nshall be forfeited pursuant to the provisions of this section by\n\nreason of any act or omission established by the owner thereof to\n\nhave been committed or omitted without the knowledge or consent of\n\nthe owner, and by any person other than the owner while the property\n\nwas unlawfully in the possession of a person other than the owner in\n\nviolation of the criminal laws of the United States or of any state.\n\nR. Whenever any property is forfeited pursuant to this section,\n\nthe district court having jurisdiction of the proceeding may order\n\nthat the forfeited property may be retained for its official use by\n\nthe Oklahoma Department of Agriculture, Food, and Forestry or by the\n\ndistrict attorney.","path":["OK Code","Title 2"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os2.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"853f083dd0431babe809e6b494f7d3bceea26b4630ea4bd7f9acbe94eef6d7cb","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-2-2-2-14","next":"us-ok/okla.-stat.-tit.-2-2-2-14.2"},"notice":"GroundRules: Original legal text. Not legal advice."}