This subchapter with respect to condemnation and forfeiture shall not apply to or against the owner of a vehicle who has not knowingly used or permitted the vehicle to be used in, or in connection with, the commission of a felony, or who has not knowingly and voluntarily used or permitted the vehicle to be used in, or in connection with, the flight or escape of any person who has committed any such felony or in the transporting of cigarettes in violation of Chapter 53 of Title 30, or in a violation of § 1343 of this title, or in a violation of § 4172 of Title 21 in a manner meeting the criteria set forth in § 4172(g) of Title 21. Nothing in this subchapter shall be construed as authorizing the condemnation and forfeiture of the interest of any bona fide mortgagee or lienholder with respect to the vehicle but the burden in all such cases shall be upon such mortgagee or lienholder to show that it did not know or have cause to know, at the time its interest accrued, of a contemplated unlawful use of such vehicle.

42 Del. Laws, c. 144, § ?5; 11 Del. C. 1953, § ?2325; 55 Del. Laws, c. 277, § ?6; 58 Del. Laws, c. 424, § ?5; 69 Del. Laws, c. 23, § ?4; 70 Del. Laws, c. 186, § ?1; 83 Del. Laws, c. 294, § 4;

Terms Used In Delaware Code Title 11 Sec. 2326

  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • Vehicle: includes all motor-propelled vehicles, wagons, carts, carriages, bicycles, vessels and aircraft. See Delaware Code Title 11 Sec. 2321