Montana Code 44-12-211. Innocent owner — ownership interest in property subject to forfeiture
44-12-211. Innocent owner — ownership interest in property subject to forfeiture. (1) The property of an innocent owner is not subject to forfeiture under 44-12-207 through 44-12-210.
Terms Used In Montana Code 44-12-211
- Actual knowledge: means direct and clear awareness of information. See Montana Code 44-12-101
- 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.
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- Property: means real and personal property. See Montana Code 1-1-205
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
(2)A property owner or person with an ownership interest in property subject to forfeiture must be declared an innocent owner if:
(a)the property owner or person with an ownership interest in the property can establish a legal right, title, or interest in the seized property; and
(b)the state is unable to prove by clear and convincing evidence that the owner or person with an ownership interest in the property had actual knowledge of the crime associated with a forfeiture proceeding.