§ 66-530 — Unlawful transportation; no arrest; sale of fuel and vehicle; procedure

If the person operating the vehicle used for the unlawful transportation of motor vehicle fuel or diesel fuel is not apprehended or arrested, the officer or agent shall take the vehicle and fuel into custody, a complaint shall be filed charging that the vehicle was so unlawfully used, and the court shall fix a time for hearing upon the complaint. Notice of the hearing shall be given to all persons interested by publication at least ten days before the hearing in a legal newspaper published in such county or, if none is published in the county, in a legal newspaper of general circulation in the county. If the court finds at such hearing that such vehicle was used for the unlawful transportation of motor vehicle fuel or diesel fuel, judgment shall be entered directing that the fuel conveyed and any other personal property actually and directly used in connection with such violation shall be ordered sold by the court at a public sale on ten days' notice. The remaining proceeds, after the state motor vehicle fuel or diesel fuel tax and cost of collection have been remitted to the appropriate fund or person, shall be paid into the temporary school fund to be used for the support of the common schools as in the case of fines and forfeitures, and like proceedings shall be had against the vehicle as provided in section 66-529 where the person in charge is arrested and convicted.

Legislative History

Source: Laws 1933, c. 47, § 2, p. 260; C.S.Supp.,1941, § 66-423; R.S.1943, § 66-437; Laws 1986, LB 960, § 37; R.S.1943, (1990), § 66-437; Laws 1991, LB 627, § 33; R.S.Supp.,1992, § 66-4,111; Laws 1994, LB 1160, § 92; Laws 1997, LB 345, § 4.