46.12.730 - Disposition authorized, when.

Disposition authorized, when. (Effective July 1, 2011.)

Unless a claim of ownership to the article or articles is established pursuant to *RCW 46.12.330, the law enforcement agency seizing the vehicle, watercraft, camper, or component part thereof may dispose of them by destruction, by selling at public auction to the highest bidder, or by holding the article or articles for the official use of the agency, when:

     (1) The true identity of the article or articles cannot be established by restoring the original manufacturer's serial number or other distinguishing numbers or identification marks or by any other means;

     (2) After the true identity of the article or articles has been established, the seizing law enforcement agency cannot locate the person who is the lawful owner or if such lawful owner or his or her successor in interest fails to claim the article or articles within forty-five days after receiving notice from the seizing law enforcement agency that the article or articles is in its possession.

     No disposition of the article or articles pursuant to this section shall be undertaken until at least sixty days have elapsed from the date of seizure and written notice of the right to a hearing to establish a claim of ownership pursuant to *RCW 46.12.330 and of the potential disposition of the article or articles shall have first been served upon the person who held possession or custody of the article when it was impounded and upon any other person who, prior to the final disposition of the article, has notified the seizing law enforcement agency in writing of a claim to ownership or lawful right to possession thereof.

[2010 c 8 § 9009; 1975-'76 2nd ex.s. c 91 § 3. Formerly RCW 46.12.320.]

Notes: *Reviser's note: RCW 46.12.330 was recodified as RCW 46.12.735 pursuant to 2010 c 161 § 1213, effective July 1, 2011.

Severability -- Effective date -- 1975-'76 2nd ex.s. c 91: See notes following RCW 46.12.720.