(a) Upon receiving notice from the court of the time and place set for a hearing under Alaska Stat. § 28.35.036, the state shall provide to every person who has an ascertainable ownership or security interest in the motor vehicle, aircraft, or watercraft written notice that includes

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Terms Used In Alaska Statutes 28.35.037

  • 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.
  • motor vehicle: means a vehicle which is self-propelled except a vehicle moved by human or animal power. See Alaska Statutes 28.90.990
  • person: includes a corporation, company, partnership, firm, association, organization, business trust, or society, as well as a natural person. See Alaska Statutes 01.10.060
  • state: means the State of Alaska unless applied to the different parts of the United States and in the latter case it includes the District of Columbia and the territories. See Alaska Statutes 01.10.060
  • vehicle: means a device in, upon, or by which a person or property may be transported or drawn upon or immediately over a highway or vehicular way or area. See Alaska Statutes 28.90.990
(1) a description of the motor vehicle, aircraft, or watercraft;
(2) the time and place of the forfeiture hearing;
(3) the legal authority under which the motor vehicle, aircraft, or watercraft, may be forfeited;
(4) notice of the right to intervene to protect the interest in the motor vehicle, aircraft, or watercraft.
(b) At the hearing, a person who claims an ownership or security interest in the motor vehicle, aircraft, or watercraft, must establish by a preponderance of the evidence that

(1) the petitioner has an interest in the motor vehicle, aircraft, or watercraft, acquired in good faith;
(2) a person other than the petitioner was convicted of the offense that resulted in the forfeiture; and
(3) before parting with the motor vehicle, aircraft, or watercraft, the petitioner did not know or have reasonable cause to believe that it would be used in the commission of an offense.
(c) If a person satisfies the requirements of (b) of this section, the court shall order that an amount equal to the value of the petitioner’s interest in the motor vehicle, aircraft, or watercraft be paid to the petitioner, or the court shall order that the motor vehicle, aircraft, or watercraft be released to the petitioner together with title to the motor vehicle, aircraft or watercraft.
(d) Forfeiture of a motor vehicle, aircraft, or watercraft under Alaska Stat. § 28.35.036 is without prejudice to the rights and does not extinguish the claims of a creditor with an interest in the motor vehicle, aircraft, or watercraft.
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