{"data":{"id":"us-ok/okla.-stat.-tit.-74-74-152.9","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 74, § 74-152.9","heading":"Seizure and forfeiture proceedings","body":"A. Any person authorized to stop and inspect a vehicle pursuant\n\nto Section 152.6 of this title shall seize any unlawful oil or\n\nunlawful gas and shall seize any vehicle or trailer which is being\n\nused to transport such unlawful oil or unlawful gas. Except as\n\nauthorized by Section 152.8 of this title, such property shall be\n\nheld as evidence until a forfeiture has been declared or a release\n\nordered.\n\nB. 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 in which such unlawful oil or unlawful gas and vehicle or\n\ntrailer is seized and shall be given all owners and parties in\n\ninterest.\n\nC. Notice shall be given to:\n\n1. The Oklahoma Tax Commission Gross Production Division;\n\n2. Each owner or party in interest whose rights, title, or\n\ninterest is of record in the Oklahoma Tax Commission, by mailing a\n\ncopy of the notice by certified mail to the address as given upon\n\nthe records of the Oklahoma Tax Commission;\n\n3. Each owner or party in interest whose name and address is\n\nknown, by mailing a copy of the notice by registered mail to the\n\nlast-known address; and\n\n4. All other owners, whose addresses are unknown, but who are\n\nbelieved to have an interest in the unlawful oil or unlawful gas,\n\nvehicle or trailer, by one publication in a newspaper of general\n\ncirculation in the county where the seizure was made.\n\nD. Within sixty (60) days after the mailing or publication of\n\nthe notice, the owner of the unlawful oil or unlawful gas, vehicle\n\nor trailer and any other party in interest or claimant may file a\n\nverified answer and claim to the unlawful oil or unlawful gas,\n\nvehicle or trailer described in the notice of seizure and of the\n\nintended forfeiture proceeding.\n\nE. 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 court\n\nshall hear evidence upon the fact of the unlawful use and shall\n\norder the unlawful oil or unlawful gas, vehicle or trailer forfeited\n\nto the state, if such fact is proved.\n\nF. If a verified answer is filed, the forfeiture proceeding\n\nshall be set for hearing.\n\nG. At the hearing the state shall prove beyond a reasonable\n\ndoubt by competent evidence that the oil or gas seized is unlawful\n\noil or unlawful gas and that any vehicle or trailer seized was being\n\nused to transport the unlawful oil or unlawful gas.\n\nH. The claimant of any right, title, or interest in the\n\nunlawful oil, unlawful gas, vehicle or trailer may prove that the\n\nlien mortgage or conditional sales contract of the claimant is bona\n\nfide and that such right, title, or interest was created without any\n\nknowledge of the unlawfulness of the oil or gas or that the oil or\n\ngas became unlawful without the knowledge of the claimant after the\n\ncreation of the interest of the claimant, or that the vehicle or\n\ntrailer was being used for the purpose charged without the knowledge\n\nof the claimant.\n\nI. In the event of such proof, the court shall order the\n\nunlawful oil or unlawful gas, vehicle or trailer released to the\n\nbona fide or innocent owner, lien holder, mortgagee, or vendor if\n\nthe amount due the person is equal to, or in excess of, the value of\n\nthe unlawful oil or unlawful gas, vehicle or trailer as of the date\n\nof the seizure.\n\nJ. If the amount due to such person is less than the value of\n\nthe unlawful oil or unlawful gas, vehicle or trailer or if no bona\n\nfide claim is established, the unlawful oil or unlawful gas,\n\nvehicle, trailer or bond shall be forfeited to the state and the\n\nunlawful oil or unlawful gas, vehicle or trailer shall be sold under\n\njudgment of the court, as on sale upon execution.\n\nK. The proceeds of the sale of any unlawful oil or unlawful\n\ngas, vehicle, trailer or bond shall be distributed as follows, in\n\nthe order indicated:\n\n1. All gross production and petroleum excise taxes due to the\n\nOklahoma Tax Commission;\nshall be forfeited to the state and the\n\nunlawful oil or unlawful gas, vehicle or trailer shall be sold under\n\njudgment of the court, as on sale upon execution.\n\nK. The proceeds of the sale of any unlawful oil or unlawful\n\ngas, vehicle, trailer or bond shall be distributed as follows, in\n\nthe order indicated:\n\n1. All gross production and petroleum excise taxes due to the\n\nOklahoma Tax Commission;\n\n2. To the bona fide innocent purchaser, conditional sales\n\nvendor, or mortgagee of the unlawful gas or unlawful oil, vehicle or\n\ntrailer, if any, up to the amount of the interest of the person in\n\nthe unlawful gas or unlawful oil, vehicle or trailer, when the court\n\ndeclaring the forfeiture orders a distribution to such person;\n\n3. To the payment of the actual expenses of preserving the\n\nproperty;\n\n4. The remainder of such proceeds shall be remitted forthwith\n\nas follows:\n\na. fifty percent (50%) thereof with the county treasurer\n\nto be credited to the general fund of the county and\n\nso reported, and\n\nb. fifty percent (50%) shall be transmitted to the State\n\nTreasurer and shall be placed to the credit of the\n\nagency bringing the action or on whose behalf the\n\naction is brought; and\n\n5. The sheriff executing the sale shall issue a bill of sale or\n\ncertificate to the purchaser of the oil or gas and the Tax\n\nCommission, upon the presentation of the certificate of clearance,\n\nshall issue a license, if a license is required, permitting the\n\npurchaser of the oil or gas to move the same into commerce.\n\nL. If the court finds that oil or gas seized is not unlawful,\n\nthe court shall order the oil or gas released to the owner and shall\n\norder any vehicle or trailer used to transport the oil and gas\n\nreleased to the owner as the right, title, or interest of the owner\n\nappears on the record of the Oklahoma Tax Commission as of the date\n\nof the seizure.","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":"1a00a4b4af00f3db4d015578ddaf0d9c6279e5b40e0ff68e25a49dd1651ff44e","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-74-74-152.8","next":"us-ok/okla.-stat.-tit.-74-74-1561"},"notice":"GroundRules: Original legal text. Not legal advice."}