§ 575 -   Reopening of forfeiture proceeding

§ 575. Reopening of forfeiture proceeding

At any time within one year after such conveyance shall have been adjudged forfeited, and upon notice to the state's attorney of the county, a claimant, upon showing that he had no knowledge of the hearing, may apply to the court or magistrate before whom former proceedings were had to have the case reopened, provided he shall give security by way of recognizance to the state, with sufficient sureties in such sum, as the court directs, conditioned that he will prosecute his claim to effect and pay the costs awarded against him. If upon rehearing such claimant establishes his claim the court or magistrate shall certify to the commissioner of finance and management the amount of such claim, not exceeding the net amount actually realized by the state from the sale of such conveyance, and the commissioner of finance and management shall issue his warrant therefor. (Amended 1965, No. 194, § 10, operative Feb. 1, 1967; 1973, No. 249 (Adj. Sess.), § 10, eff. April 9, 1974; 1983, No. 195 (Adj. Sess.), § 5(b).)