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350.053 Seizure and sale of equipment -- Rights of owner or lien holder.
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(2)
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(4)
(5)
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Authorized representatives of the Office of Special Investigations of the cabinet
and all peace officers may seize and take possession of all instrumentalities
willfully and knowingly used in the mining of coal without a permit in violation of
KRS 350.060(1)(a) or willfully and knowingly used for the removal of more than
twenty-five (25) tons of coal during coal exploration in violation of KRS
350.057(3).
Upon conviction of any person for the willful and knowing violation of KRS
350.057(3)(a) or 350.060(1)(a), the court shall order the machinery, trucks, and
earth moving equipment, and materials used in furtherance of the crime
forfeited and sold at public auction. Proceeds from the sale shall be deposited
in the "illegal mining and conveyance reclamation fund" established by KRS
350.054(1).
Upon conviction of any person of a violation of KRS 350.057(3)(b) or
350.060(1)(b), the court shall order the instrumentalities used in furtherance of
the crime forfeited and sold at public auction. Proceeds from the sale shall be
deposited in the illegal mining and conveyance reclamation fund established by
KRS 350.054(1).
All property seized under subsection (1) of this section shall be subject to the
right of any owner or lienor whose lien is valid and recorded to intervene and
upon trial or special hearing held for that purpose before the court establish his
rights in the property by proving that the property was used in violation of KRS
350.057(3) or 350.060(1) without the knowledge, consent, or approval of the
owner or lienor. If the owner of the property does so prove, the court may order
the property restored to him. If the lienor so proves, the court may order a sale
of the property at public auction with the lienor receiving from the sale the
amount of his outstanding lien. However, the cabinet shall deliver any seized
property to a lienor whose claim has been established by order of a court of
competent jurisdiction, upon payment to the cabinet of the difference between
the fair market value of the property so seized and the recorded claim of the
lienor.
If the person charged with a violation of KRS 350.057(3) or 350.060(1) is
acquitted, all property seized pursuant to subsection (1) of this section shall be
ordered returned to the rightful owner unless previously returned under
subsection (4) of this section.
All expenses associated with the seizure, storing, and, if applicable, sale of the
property shall be the responsibility upon conviction of the person charged with
a violation of KRS 350.057(3) or 350.060(1).
All peace officers and other public officers or officials having knowledge of the
lawful owner or claimant of property subject to forfeiture shall report the same
to the court before the act of forfeiture occurs.
Effective:July 13, 1990.
History: Amended 1990 Ky. Acts ch. 205, sec. 2, effective July 13, 1990; and
ch. 212, sec. 1, effective July 13, 1990. -- Created 1982 Ky. Acts ch. 150, sec. 6,
effective July 15, 1982.
Legislative Research Commission Note (7/13/90) This section was amended by
two 1990 Acts which do not appear to be in conflict and have been compiled
together.
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