{"data":{"id":"us-ok/okla.-stat.-tit.-47-47-1505","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 47, § 47-1505","heading":"Property subject to forfeiture - Determination of","body":"identity of rightful owner - Disposition of forfeited property -\n\nIssuance of new certificate of title or salvage certificate.\n\nA. The following are subject to forfeiture unless obtained by\n\ntheft, fraud or conspiracy to defraud and the rightful owner is\n\nknown or can be identified and located:\n\n1. Any tool;\n\n2. Any implement; or\n\n3. Any instrumentality, including but not limited to, real\n\nestate, any motor vehicle or motor vehicle part, whether owned or\n\nunowned by the person from whose possession or control it was\n\nseized, which is used or possessed either in violation of Section\n\n1503 of this title or to promote or facilitate a violation of\n\nSection 1503 of this title.\n\nB. Any motor vehicle, other conveyance, or motor vehicle part\n\nused by any person as a common carrier is subject to forfeiture\n\nunder this section where the owner or other person in charge of the\n\nmotor vehicle, other conveyance, or motor vehicle part is a\n\nconsenting party to a violation of Section 1503 of this title.\n\nC. Any motor vehicle, motor vehicle part, other conveyance,\n\ntool, implement, or instrumentality is not subject to forfeiture\n\nunder this section by reason of any act or omission which the owner\n\nproves to have been committed or omitted without the owner's\n\nknowledge or consent.\n\nD. 1. Seizing agencies will utilize their best efforts to\n\nidentify any seized motor vehicle or motor vehicle part to determine\n\nownership or the identity of any other person having a right or\n\ninterest in a seized motor vehicle or motor vehicle part. In its\n\nreasonable identification and owner location attempts, the seizing\n\nagency will cause the stolen motor vehicle files of the state police\n\nto be searched for stolen or wanted information on motor vehicles\n\nsimilar to the seized motor vehicle or consistent with the seized\n\nmotor vehicle part.\n\n2. Where a motor vehicle or motor vehicle part has an apparent\n\nvalue in excess of One Thousand Dollars ($1,000.00),\n\na. the seizing agency shall consult with an expert of the\n\ntype specified in paragraph 4 of Section 1502 of this\n\ntitle,\n\nb. the seizing agency shall also request searches of the\n\non-line and off-line files of the National Crime\n\nInformation Center (NCIC) and the National Automobile\n\nTheft Bureau (NATB) when the state police files have\n\nbeen searched with negative results.\n\nE. A forfeiture of a motor vehicle, motor vehicle part, or\n\nother conveyance encumbered by a bona fide security interest is\n\nsubject to the interest of the secured party where the secured party\n\nneither had knowledge of nor consented to the act or omission\n\nforming the ground for the forfeiture.\n\nF. Property, described in subsection A of this section, seized\n\nand held for forfeiture, shall not be subject to replevin and is\n\nsubject only to the order and judgments of a court of competent\n\njurisdiction hearing the forfeiture proceedings.\n\nG. 1. The district attorney in the county where the seizure\n\noccurs, or the attorney for the Oklahoma State Bureau of\n\nInvestigation (OSBI) in cases investigated by the OSBI, or the\n\nattorney for the Department of Public Safety in cases investigated\n\nby the Department shall bring an action for forfeiture in a court of\n\ncompetent jurisdiction. The forfeiture action shall be brought\n\nwithin sixty (60) days from the date of seizure except where the\n\nattorney prosecuting the forfeiture in the sound exercise of\n\ndiscretion determines that no forfeiture action should be brought\n\nbecause of the rights of property owners, lienholders, or secured\n\ncreditors, or because of exculpatory, exonerating, or mitigating\n\nfacts and circumstances.\n\n2. The attorney prosecuting the forfeiture shall give notice of\n\nthe forfeiture proceeding by mailing a copy of the complaint in the\n\nforfeiture proceeding to each person whose right, title, or interest\n\nis of record in Service Oklahoma, the Department of Public Safety,\nuse of exculpatory, exonerating, or mitigating\n\nfacts and circumstances.\n\n2. The attorney prosecuting the forfeiture shall give notice of\n\nthe forfeiture proceeding by mailing a copy of the complaint in the\n\nforfeiture proceeding to each person whose right, title, or interest\n\nis of record in Service Oklahoma, the Department of Public Safety,\n\nthe Federal Aviation Agency, or any other department of the state,\n\nor any other state or territory of the United States, or of the\n\nfederal government if such property is required to be registered in\n\nany such department.\n\n3. Notice of the proceeding shall be given to any such other\n\nperson as may appear, from the facts and circumstances, to have any\n\nright, title, or interest in or to the property.\n\n4. The owner of the property, or any person having, or\n\nclaiming, right, title, or interest in the property may within sixty\n\n(60) days after the mailing of such notice file a verified answer to\n\nthe complaint and may appear at the hearing on the action for\n\nforfeiture.\n\n5. The attorney prosecuting the forfeiture shall show at a\n\nforfeiture hearing, by a preponderance of the evidence, that such\n\nproperty was used in the commission of a violation of Section 1503\n\nof this title, or was used or possessed to facilitate such\n\nviolation.\n\n6. The owner of property may show by a preponderance of the\n\nevidence that the owner did not know, and did not have reason to\n\nknow, that the property was to be used or possessed in the\n\ncommission of any violation or that any of the exceptions to\n\nforfeiture are applicable.\n\n7. Unless the attorney prosecuting the forfeiture shall make\n\nthe showing required of it, the court shall order the property\n\nreleased to the owner. Where the attorney prosecuting the\n\nforfeiture has made such a showing, the court may order:\n\na. the property be destroyed by the agency which seized\n\nit or some other agency designated by the court,\n\nb. the property be delivered and retained for use by the\n\nagency which seized it or some other agency designated\n\nby the court, or\n\nc. the property be sold at public sale.\n\nH. A copy of a forfeiture order shall be filed with the sheriff\n\nof the county in which the forfeiture occurs and with each federal\n\nor state department with which such property is required to be\n\nregistered. Such order, when filed, constitutes authority for the\n\nissuance to the agency to whom the property is delivered and\n\nretained for use or to any purchaser of the property of a title\n\ncertificate, registration certificate, or other special certificate\n\nas may be required by law considering the condition of the property.\n\nI. Proceeds from sale at public auction, after payment of all\n\nreasonable charges and expenses incurred by the agency designated by\n\nthe court to conduct the sale in storing and selling the property,\n\nshall be paid to the general fund of the county of seizure, the\n\nspecial agency account of the Oklahoma State Bureau of\n\nInvestigation, or treasury of the governmental unit employing the\n\nseizing agency.\n\nJ. No motor vehicle, either seized under Section 1504 of this\n\ntitle or forfeited under this section, shall be released by the\n\nseizing agency or used or sold by an agency designated by the court\n\nunless any altered, counterfeited, defaced, destroyed, disguised,\n\nfalsified, forged, obliterated, or removed vehicle identification\n\nnumber is corrected by the issuance and affixing of either an\n\nassigned or replacement vehicle identification number plate as may\n\nbe appropriate under laws or regulations of this state.\n\nK. No motor vehicle part having any altered, counterfeited,\n\ndefaced, destroyed, disguised, falsified, forged, obliterated, or\n\nremoved vehicle identification number shall be disposed of upon\n\nforfeiture except by destruction thereof, except that this provision\n\nshall not apply to any such motor vehicle part which is assembled\nplate as may\n\nbe appropriate under laws or regulations of this state.\n\nK. No motor vehicle part having any altered, counterfeited,\n\ndefaced, destroyed, disguised, falsified, forged, obliterated, or\n\nremoved vehicle identification number shall be disposed of upon\n\nforfeiture except by destruction thereof, except that this provision\n\nshall not apply to any such motor vehicle part which is assembled\n\nwith and constitutes part of a motor vehicle.\n\nL. No motor vehicle or motor vehicle part shall be forfeited\n\nunder this section solely on the basis that it is unidentifiable.\n\nInstead of forfeiture, any seized motor vehicle or motor vehicle\n\npart which is unidentifiable shall be the subject of a written\n\nreport sent by the seizing agency to the Department of Public Safety\n\nwhich report shall include a description of the motor vehicle or\n\nmotor vehicle part, its color, if any, the date, time and place of\n\nits seizure, the name of the person from whose possession or control\n\nit was seized, the grounds for its seizure, and the location where\n\nthe same is held or stored.\n\nM. When a seized unidentifiable motor vehicle or motor vehicle\n\npart has been held for sixty (60) days or more after the notice to\n\nthe Department of Public Safety specified in subsection L of this\n\nsection, has been given, the seizing agency, or its agent, shall\n\ncause the motor vehicle or motor vehicle part to be sold at public\n\nsale to the highest bidder. Notice of the time and place of sale\n\nshall be posted in a conspicuous place for at least thirty (30) days\n\nprior to the sale on the premises where the motor vehicle or motor\n\nvehicle part has been stored.\n\nN. When a seized unidentifiable motor vehicle or motor vehicle\n\npart has an apparent value of One Thousand Dollars ($1,000.00) or\n\nless, the seizing agency shall authorize the disposal of the motor\n\nvehicle or motor vehicle part, provided that no such disposition\n\nshall be made less then sixty (60) days after the date of seizure.\n\nO. The proceeds of the public sale of an unidentifiable motor\n\nvehicle or motor vehicle part shall be deposited in the special\n\nagency account of the Oklahoma State Bureau of Investigation, or\n\ntreasury of the governmental unit employing the seizing agency after\n\ndeduction of any reasonable and necessary towing and storage\n\ncharges.\n\nP. Seizing agencies will utilize their best efforts to arrange\n\nfor the towing and storing of motor vehicles and motor vehicle parts\n\nin the most economical manner possible. In no event shall the owner\n\nof a motor vehicle or a motor vehicle part be required to pay more\n\nthan the minimum reasonable costs of towing and storage.\n\nQ. A seized motor vehicle or motor vehicle part that is neither\n\nforfeited nor unidentifiable shall be held subject to the order of\n\nthe court in which the criminal action is pending or, if a request\n\nfor its release from such custody is made until the district\n\nattorney has notified the defendant or the defendant's attorney of\n\nsuch request and both the prosecution and defense have been afforded\n\na reasonable opportunity for an examination of the property to\n\ndetermine its true value and to produce or reproduce, by photographs\n\nor other identifying techniques, legally sufficient evidence for\n\nintroduction at trial or other criminal proceedings. Upon\n\nexpiration of a reasonable time for the completion of the\n\nexamination which in no event shall exceed fourteen (14) days from\n\nthe date of service upon the defense of the notice of request for\n\nreturn of property as provided herein, the property shall be\n\nreleased to the person making such request after satisfactory proof\n\nof such person's entitlement to the possession thereof.\n\nNotwithstanding the foregoing, upon application by either party with\n\nnotice to the other, the court may order retention of the property\n\nif it determines that retention is necessary in the furtherance of\n\njustice.\nturn of property as provided herein, the property shall be\n\nreleased to the person making such request after satisfactory proof\n\nof such person's entitlement to the possession thereof.\n\nNotwithstanding the foregoing, upon application by either party with\n\nnotice to the other, the court may order retention of the property\n\nif it determines that retention is necessary in the furtherance of\n\njustice.\n\nR. When a seized vehicle is forfeited, restored to its owner,\n\nor disposed of as unidentifiable, the seizing agency shall retain a\n\nreport of the transaction for a period of at least one (1) year from\n\nthe date of the transaction.\n\nS. When an applicant for a certificate of title or salvage\n\ncertificate presents to Service Oklahoma proof that the applicant\n\npurchased or acquired a motor vehicle at a public sale conducted\n\npursuant to this section and such fact is attested to by the seizing\n\nagency, Service Oklahoma shall issue a certificate of title, salvage\n\ncertificate for the motor vehicle upon receipt of the statutory fee,\n\nproperly executed application for a certificate of title, or other\n\ncertificate of ownership, and the affidavit of the seizing agency\n\nthat a state-assigned number was applied for and affixed to the\n\nmotor vehicle prior to the time that the motor vehicle was released\n\nby the seizing agency to the purchaser.","path":["OK Code","Title 47"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os47.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"92b412a9a5d5f1522cc9fdef22adb58cad6ec60539bc9fceb43343c3e69c7875","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-47-47-1504","next":"us-ok/okla.-stat.-tit.-47-47-1506"},"notice":"GroundRules: Original legal text. Not legal advice."}