Montana Code 16-11-158. Sale or retention of forfeited property — use of sale proceeds — destruction of contraband
16-11-158. Sale or retention of forfeited property — use of sale proceeds — destruction of contraband. (1) When property is forfeited under 16-11-159, the department may:
Terms Used In Montana Code 16-11-158
- Contraband: means :
(i)any tobacco product possessed, sold, offered for sale, distributed, held, owned, acquired, transported, imported, or caused to be imported in violation of this part;
(ii)any cigarette or roll-your-own tobacco that is possessed, sold, offered for sale, distributed, held, owned, acquired, transported, imported, or caused to be imported in violation of part 4 or 5;
(iii)any cigarettes that bear trademarks that are counterfeit under state or federal trademark laws;
(iv)any cigarettes bearing false or counterfeit insignia or tax stamps from any state; or
(v)any cigarettes or tobacco products that violate 16-10-306. See Montana Code 16-11-102
- Department: means the department of revenue provided for in 2-15-1301. See Montana Code 16-11-102
- Property: means real and personal property. See Montana Code 1-1-205
- sell: means any transfer of tobacco products for consideration, exchange, barter, gift, offer for sale, or distribution in any manner or by any means. See Montana Code 16-11-102
- 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
- United States: includes the District of Columbia and the territories. See Montana Code 1-1-201
(a)retain the property or any part of the property for official use or, upon application by a law enforcement agency of this state, another state, the District of Columbia, or the United States, for the exclusive use of enforcing the provisions of this chapter or the laws of another state, the District of Columbia, or the United States; or
(b)after advertising, sell the property, other than contraband, at public auction to the highest bidder.
(2)The proceeds of a sale under this section must be applied first to paying the expenses of any investigation leading to the seizure of the property, including costs incurred by a local, state, tribal, or federal law enforcement agency, and of the forfeiture and sale proceedings, including the expenses of seizure, maintenance, custody, and court costs. The balance of the proceeds, less an amount that is based on the value of the property seized on an Indian reservation and that is allocated to a tribe pursuant to a state-tribal cooperative agreement, must be deposited in the state general fund.
(3)Contraband forfeited under 16-11-159 must be destroyed.