{"data":{"id":"us-ok/okla.-stat.-tit.-74-74-152.8","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 74, § 74-152.8","heading":"Transportation of unlawful oil or gas as public nuisance","body":"- Seizure and forfeiture of certain property - Recovery procedure.\n\nA. The transportation of all unlawful oil or unlawful gas is\n\nhereby declared to be a public nuisance and such unlawful gas or\n\nunlawful oil shall be forfeited to the state. Except as provided by\n\nthis section and Section 8 of this act all vehicles being used to\n\ntransport said unlawful oil or unlawful gas shall also be forfeited\n\nto the state.\n\nB. Except as authorized by subsection C of this section, all\n\nproperty taken or detained under this section by any authorized\n\nperson shall not be repleviable, and shall be deemed to be in the\n\ncustody of the office of the district attorney of the county in\n\nwhich such property was seized, subject only to the decree of a\n\ncourt of competent jurisdiction. If sufficient evidence exists, as\n\ndetermined by the district attorney, that any oil or gas seized is\n\nunlawful oil or unlawful gas or that any vehicle seized was used to\n\ntransport such unlawful oil or unlawful gas, said district attorney\n\nshall follow the procedures provided in Section 8 of this act\n\ndealing with notification of seizure, intent and forfeiture, final\n\ndisposition procedures, and release to innocent claimants with\n\nregard to all property seized by such authorized persons. If\n\nsufficient evidence does not exist, as determined by the district\n\nattorney, that any oil or gas seized is unlawful oil or unlawful gas\n\nor that any vehicle seized was used to transport such unlawful oil\n\nor unlawful gas, the district attorney may release such oil or gas\n\nor vehicle but shall notify any appropriate state or federal agency\n\nof any possible permit or license violations.\n\nC. 1. The owner of a vehicle, upon submission of a written\n\nstatement, under oath, to the office of the district attorney of the\n\ncounty in which said property was seized that such owner had no\n\nknowledge of the unlawfulness of the oil or gas or that the oil or\n\ngas became unlawful without his knowledge after the creation of his\n\ninterest or that the vehicle was being used for the purpose charged\n\nwithout his knowledge, and upon execution of a lien pursuant to this\n\nsubsection and entry of the lien on the certificate of title, shall\n\nbe entitled to recover the possession of the vehicle prior to the\n\ncommencement of the action.\n\n2. The office of the district attorney of the county in which\n\nproperty was seized shall have a lien upon any vehicle seized\n\npursuant to this section. If the title to the vehicle is not with\n\nthe person from whom such vehicle was seized, the person having\n\ntitle shall be given notice within five (5) days of such seizure and\n\nof the opportunity to recover the vehicle pursuant to this\n\nsubsection. The lien on such vehicle shall be preferred to all other\n\nliens or encumbrances which may attach to or upon such vehicle.\n\n3. The office of the district attorney claiming the lien within\n\nten (10) days of seizure of the vehicle shall file in the office of\n\nthe county clerk of the county in which such property was seized a\n\nstatement verified by affidavit setting forth:\n\na. the registration number of the seized vehicle;\n\nb. the name of the person having title to said vehicle;\n\nand\n\nc. a description of the vehicle including its value.\n\nIn addition, the office of the district attorney claiming the\n\nlien shall provide for the entry of the lien on the certificate of\n\ntitle pursuant to the Motor Vehicle Title Act. Such statement shall\n\nbe filed and the lien recorded on the certificate of title prior to\n\nthe recovery of the vehicle by the owner pursuant to this\n\nsubsection.\n\n4. Any person having title to the seized vehicle on which a\n\nlien is claimed pursuant to this subsection may at any time\n\ndischarge the lien by depositing with the county clerk of the county\n\nin which property was seized a corporate surety bond made payable to\n\nthe state in an amount not less than the value of the vehicle\nto\n\nthe recovery of the vehicle by the owner pursuant to this\n\nsubsection.\n\n4. Any person having title to the seized vehicle on which a\n\nlien is claimed pursuant to this subsection may at any time\n\ndischarge the lien by depositing with the county clerk of the county\n\nin which property was seized a corporate surety bond made payable to\n\nthe state in an amount not less than the value of the vehicle\n\nseized. Within three (3) business days after the deposit of bond is\n\nmade, the county clerk shall serve upon the office of the district\n\nattorney claiming the lien, written notice setting forth:\n\na. the number of the lien claim;\n\nb. the name of the vehicle owner;\n\nc. the property description shown on the lien claim;\n\nd. the names of the principal and surety; and\n\ne. the bond penalty.\n\nThe party seeking to discharge the lien shall prepare and\n\ndeliver the notice to the county clerk of the county in which the\n\nproperty was seized and pay a fee of Five Dollars ($5.00) to cover\n\nthe cost of filing and mailing. An abbreviated notice may be used\n\nif the same refers to and encloses a copy of the lien claim and a\n\ncopy of the bond with the clerk's filing stamp thereon. The notice\n\nshall be mailed by registered or certified mail at the option of the\n\ncounty clerk.\n\nIf a bond is deposited, the district attorney shall have five\n\n(5) days after the notice is mailed within which to file a written\n\nobjection with the county clerk of said county. If a written\n\nobjection is not timely made, the county clerk shall immediately\n\nshow the lien released of record. If an objection is timely made,\n\nthe county clerk shall set a hearing within five (5) days thereafter\n\nand notify by ordinary mail both the office of the district attorney\n\nand the party making the deposit of the date and time thereof. The\n\nonly grounds for objection shall be that: The surety is not\n\nauthorized to transact business in this state; the bond is not\n\nproperly signed; the amount is less than the value of the vehicle\n\nseized; the power of attorney of the surety's attorney-in-fact does\n\nnot authorize the execution; there is no power of attorney attached\n\nif the bond is executed by anyone other than the surety's president\n\nand attested by its secretary; or a cease and desist order has been\n\nissued against the surety either by the Insurance Commissioner or a\n\ncourt of competent jurisdiction. Within two (2) business days\n\nfollowing the hearing the county clerk shall either sustain or\n\noverrule the objections and notify the parties of his ruling by\n\nordinary mail. If the objections are sustained, the ruling of the\n\ncounty clerk shall be conclusive for lien release purposes unless\n\nappealed within ten (10) days to the district court. If the\n\nobjections are overruled, the county clerk shall immediately show\n\nthe lien released of record.\n\nThe bond shall: Name the office of the district attorney in\n\nwhich the property was seized as obligee and the party seeking the\n\nrelease as principal; be executed by both the principal and the\n\nsurety; have a proper power of attorney attached if executed by an\n\nattorney-in-fact; be executed by a corporate surety authorized to\n\ntransact business in this state; and be conditioned that the\n\nprincipal and surety will pay the full amount of the claim as\n\nestablished in any appropriate court proceeding, plus any court\n\ncosts, but in no event shall the liability of the principal or\n\nsurety under the bond exceed the bond penalty. The conditions of\n\nany bond filed pursuant to this section shall be deemed to comply\n\nwith the requirements hereof, regardless of the language or\n\nlimitations set forth therein, if both the principal and surety\n\nintend that the bond be filed to secure a lien release under this\n\nsection.\n\nThe bond shall stand in lieu of the released lien. The bond\n\nshall stand liable for such principal, interest, and court costs.\n\nThe bond principal and surety are necessary parties to an action\nply\n\nwith the requirements hereof, regardless of the language or\n\nlimitations set forth therein, if both the principal and surety\n\nintend that the bond be filed to secure a lien release under this\n\nsection.\n\nThe bond shall stand in lieu of the released lien. The bond\n\nshall stand liable for such principal, interest, and court costs.\n\nThe bond principal and surety are necessary parties to an action\n\nagainst the substituted security, and by filing a bond the parties\n\nsubject themselves to personal jurisdiction in the court where the\n\naction is properly filed and may be served with process as in other\n\ncases.\n\n5. If the district attorney fails to file a forfeiture\n\nproceeding pursuant to Section 8 of this act, upon application of\n\nthe party filing the bond and the payment of a fee of Ten Dollars\n\n($10.00), the county clerk shall appropriately note on the bond that\n\nthe same has been released. The clerk shall not incur liability to\n\nany lien claimant for the release of a bond in good faith.\n\n6. Upon conviction of the owner of the vehicle for violating\n\nthe provisions of this act, the vehicle so seized upon which a lien\n\nhas been filed pursuant to this subsection or any bond posted for\n\nthe discharge of the lien on such vehicle shall be forfeited to the\n\nstate pursuant to forfeiture proceedings provided by Section 8 of\n\nthis act.\n\n7. Upon the acquittal of such person charged with violating the\n\nprovisions of this section or upon the dismissal with prejudice of\n\nsaid charge against such person or it is shown that the owner of\n\nsuch vehicle was not knowledgeable concerning the illegal use of his\n\nvehicle, the lien on the vehicle shall be immediately discharged in\n\naccordance with procedures for the discharge of liens, or the bond\n\nposted shall be returned to the person posting such bond.","path":["OK Code","Title 74"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os74.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"f682a9295edab45e5397e708024bf0f4c9ee3bd6fb3b0928c7d659ad391b1185","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-74-74-152.7","next":"us-ok/okla.-stat.-tit.-74-74-152.9"},"notice":"GroundRules: Original legal text. Not legal advice."}