§ 132-5.1. Regaining custody; civil remedies.
§132‑5.1. Regaining custody; civil remedies.
(a) The Secretary ofthe Department of Cultural Resources or his designated representative or anypublic official who is the custodian of public records which are in thepossession of a person or agency not authorized by the custodian or by law topossess such public records may petition the superior court in the county inwhich the person holding such records resides or in which the materials inissue, or any part thereof, are located for the return of such public records.The court may order such public records to be delivered to the petitioner uponfinding that the materials in issue are public records and that such publicrecords are in the possession of a person not authorized by the custodian ofthe public records or by law to possess such public records. If the order ofdelivery does not receive compliance, the petitioner may request that the courtenforce such order through its contempt power and procedures.
(b) At any time afterthe filing of the petition set out in subsection (a) or contemporaneous withsuch filing, the public official seeking the return of the public records mayby ex parte petition request the judge or the court in which the action wasfiled to grant one of the following provisional remedies:
(1) An order directed atthe sheriff commanding him to seize the materials which are the subject of theaction and deliver the same to the court under the circumstances hereinafterset forth; or
(2) A preliminaryinjunction preventing the sale, removal, disposal or destruction of or damageto such public records pending a final judgment by the court.
(c) The judge or courtaforesaid shall issue an order of seizure or grant a preliminary injunctionupon receipt of an affidavit from the petitioner which alleges that thematerials at issue are public records and that unless one of said provisionalremedies is granted, there is a danger that such materials shall be sold,secreted, removed out of the State or otherwise disposed of so as not to beforthcoming to answer the final judgment of the court respecting the same; orthat such property may be destroyed or materially damaged or injured if notseized or if injunctive relief is not granted.
(d) The aforementionedorder of seizure or preliminary injunction shall issue without notice to therespondent and without the posting of any bond or other security by thepetitioner. (1975, c. 787, s. 2.)