25-1171. IMPOUNDMENT OF VEHICLES USED IN TRANSPORTING STOLEN LIVESTOCK. The use of any vehicle for the transportation of any stolen livestock or the products thereof, shall be unlawful and such vehicle shall be forfeited to and confiscated by the state. Any such vehicle so used in transporting such stolen livestock shall be seized without warrant by the sheriff of the county where such vehicle is found and sold by him at public auction and the proceeds of such sale paid to the county treasurer to be deposited in the current expense fund of the county; provided, however, that no such sale shall be made until ten (10) days notice thereof shall have been given the person in whose custody such vehicle is found, and notice given to the registered owner of said vehicle, nor in the event, if within such period the owner of such vehicle or the person entitled to the possession thereof shall commence an action in prohibition or injunction against the sheriff to restrain such sale, until after the termination of such proceedings; and provided, further, that such vehicle shall not be confiscated or subject to the forfeiture if the same be a stolen vehicle or loaned vehicle at the time it is used for such unlawful transportation and the owner thereof is not in collusion with the party or parties guilty of the theft.
History:
[(25-1171) I.C., sec. 25-1408, as added by 1973, ch. 168, sec. 20, p. 339; am. 1988 & redesignated 25-1171, ch. 75, sec. 34, p. 127.]
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