New Hampshire Revised Statutes 147-A:10 – Confiscation of Property
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I. Any property of a generator, owner, operator, or transporter including, but not limited to, vehicles, containers, documents and wastes, used in connection with the disposal, storage, treatment, or transportation of hazardous waste in violation of N.H. Rev. Stat. Chapter 147-A or N.H. Rev. Stat. § 106-A:17-RSA 106-A:19 may be seized by the state. The property shall be stored as directed by the court so that the property may be used as evidence in a trial relating to the violation.
II. Within 14 days of seizure of any property, the attorney general shall file a libel in the superior court of the county in which the property was seized, requesting forfeiture of the property. The court shall issue a summons requiring the state to send by certified mail a copy of the libel to the owner of the property and other persons appearing to have an interest in the property.
III. The superior court shall promptly hold a hearing which shall be conducted as a civil in rem action without a jury and shall order forfeiture of the property if the state establishes by a preponderance of the evidence that the owner knew or should have known that the property was used in the illegal treatment, transportation, storage or disposal of hazardous waste.
IV. The court may order the sale of the confiscated property or any other disposition, in the court’s discretion as justice may require. After deducting the storage expenses, the proceeds from the sale of the confiscated property shall be transferred to the New Hampshire hazardous waste cleanup fund established under RSA 147-B.
II. Within 14 days of seizure of any property, the attorney general shall file a libel in the superior court of the county in which the property was seized, requesting forfeiture of the property. The court shall issue a summons requiring the state to send by certified mail a copy of the libel to the owner of the property and other persons appearing to have an interest in the property.
Terms Used In New Hampshire Revised Statutes 147-A:10
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- justice: when applied to a magistrate, shall mean a justice of a municipal court, or a justice of the peace having jurisdiction over the subject-matter. See New Hampshire Revised Statutes 21:12
- state: when applied to different parts of the United States, may extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall include said district and territories. See New Hampshire Revised Statutes 21:4
- Summons: Another word for subpoena used by the criminal justice system.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
III. The superior court shall promptly hold a hearing which shall be conducted as a civil in rem action without a jury and shall order forfeiture of the property if the state establishes by a preponderance of the evidence that the owner knew or should have known that the property was used in the illegal treatment, transportation, storage or disposal of hazardous waste.
IV. The court may order the sale of the confiscated property or any other disposition, in the court’s discretion as justice may require. After deducting the storage expenses, the proceeds from the sale of the confiscated property shall be transferred to the New Hampshire hazardous waste cleanup fund established under RSA 147-B.