Sec. 22a-250a. Forfeiture of vehicles used in violation of certain environmental laws.
Sec. 22a-250a. Forfeiture of vehicles used in violation of certain environmental laws. (a) When any vehicle used as a means of disposing of hazardous waste without
a permit required under the federal Resource Conservation and Recovery Act of 1976,
or as a means of committing a violation of any of the provisions of section 22a-208a,
section 22a-208c, subsection (c) or (d) of section 22a-250 or section 22a-252, has been
seized as a result of a lawful arrest or lawful search, pursuant to a criminal search and
seizure warrant issued under authority of section 54-33c, which the state claims to be
a nuisance and desires to have destroyed or disposed of in accordance with the provisions
of this section, the judge or court issuing any such warrant or before whom the arrested
person is to be arraigned shall, within ten days after such seizure, cause to be left with
the owner of, and with any person claiming of record a bona fide mortgage, assignment
of lease or rent, lien or security interest in, the vehicle so seized, or at his usual place
of abode, if he is known, or, if unknown, at the place where the vehicle was seized, a
summons notifying the owner and any such other person claiming such interest and all
others to whom it may concern to appear before such judge or court, at a place and time
specified in such notice, which shall be not less than six nor more than twelve days after
the service thereof. Such summons may be signed by a clerk of the court or his assistant
and service may be made by a local or state police officer, state marshal, constable or
other person designated by the Commissioner of Environmental Protection. It shall
describe such vehicle with reasonable certainty and state when and where and why the
same was seized.
(b) If the owner of such vehicle or any person claiming any interest in the same
appears, he shall be made a party defendant in such case. The Attorney General, upon
request of the Commissioner of Environmental Protection, shall appear and prosecute
such complaint and shall have the burden of proving all material facts by a preponderance
of the evidence.
(c) If the judge or court finds the allegations made in such complaint to be true and
that the vehicle has been used in violation of any provision of subsection (b) of section
22a-131a, section 22a-208a, section 22a-208c, subsection (c) or (d) of section 22a-250
or section 22a-252, he shall render judgment that such vehicle is a nuisance and order
the same to be destroyed or disposed of in the discretion of the Commissioner of Environmental Protection. From the time the vehicle has been seized until such time as it has
been destroyed or disposed of in accordance with law, it shall be kept at such place or
places as designated by the Commissioner of Environmental Protection. Other state
agencies shall cooperate with the Commissioner of Environmental Protection in connection with the transportation and storage of vehicles seized under this section. If any such
vehicle is subject to a bona fide mortgage, assignment of lease or rent, lien or security
interest, such vehicle shall not be so destroyed or disposed of in violation of the rights
of the holder of such interest. When any vehicle has been declared a nuisance and condemned under this section, the court may also order that such vehicle be sold by sale at
public auction in which case the proceeds shall become the property of the state and
deposited in the General Fund; provided any person who has a bona fide mortgage,
assignment of lease or rent, lien or security interest shall have the same right to the
proceeds as he had in the vehicle prior to sale. Final destruction or disposal of such
vehicle shall not be made until any criminal trial in which such vehicle might be used
as evidence has been completed.
(d) If the judge or court finds the allegations not to be true or that the vehicle has
not been used in violation of any provision of subsection (b) of section 22a-131a, section
22a-208a, section 22a-208c, subsection (c) or (d) of section 22a-250 or section 22a-252, he shall order the vehicle returned to the owner forthwith and the party in possession
of such vehicle pending such determination shall be responsible and liable for such
property from the time of seizure and shall immediately comply with such order.
(e) Failure of the state to proceed against such vehicle in accordance with the provisions of this section shall not prevent the use of such property as evidence in any criminal trial.
(P.A. 92-249, S. 4; P.A. 00-99, S. 66, 154.)
History: P.A. 00-99 replaced reference to sheriff and deputy sheriff with state marshal in Subsec. (a), effective December
1, 2000.
Cited. 41 CA 779.