I.The department of justice may bring a forfeiture action according to this section against a person or entity who secured any ownership interest in real property in violation of this subdivision and who is convicted of an offense under RSA 477:22-d, I regarding that subject property.
II.Real property that is the subject of a conviction under RSA 477:22-d, I may be seized by the state and forfeited as provided in this section. Property seized under this section may be held by the state to secure it prior to forfeiture proceedings.
III.The state may seize the subject property by filing in the registry of deeds in the county where the property is located a notice of attachment stating that the state has attached the identified property pursuant to this section.
IV.The state shall have a
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I. The department of justice may bring a forfeiture action according to this section against a person or entity who secured any ownership interest in real property in violation of this subdivision and who is convicted of an offense under RSA 477:22-d, I regarding that subject property.
II. Real property that is the subject of a conviction under RSA 477:22-d, I may be seized by the state and forfeited as provided in this section. Property seized under this section may be held by the state to secure it prior to forfeiture proceedings.
III. The state may seize the subject property by filing in the registry of deeds in the county where the property is located a notice of attachment stating that the state has attached the identified property pursuant to this section.
IV. The state shall have a lien on any property subject to forfeiture under this section upon seizure of such property. Upon forfeiture, the state's title to the property relates back to the date of seizure.
V. Within 30 days of the seizure of any real property under paragraph II, the attorney general shall file a petition in the superior court of the county in which the property was seized, requesting forfeiture of the property. The court shall issue an order of notice requiring the state to send by certified mail a copy of the petition to all owners of the property, including those with partial ownership or controlling interests, and to other persons appearing to have an interest in the property. If no such petition is filed within 30 days of the seizure of the property, the property shall be returned to its owners.
VI. Within 30 days of receipt of the attorney general's petition for forfeiture, the court shall schedule a hearing. This hearing shall be conducted as a civil action. The court may order forfeiture of the property seized under paragraph II if the state establishes, by a preponderance of the evidence, that (a) the ownership or controlling interest in the property was acquired in violation of this section, and (b) that the person or entity holding their interest in the property knew or should have known that they acquired their interest in violation of this chapter.
VII. If forfeiture is granted, the attorney general shall provide for the disposition of the forfeited property in any manner not prohibited by law, including retention of the property for official use by law enforcement or other public agencies, or by sale at public auction. The attorney general shall pay the reasonable expenses of the seizure, forfeiture proceeding, and sale of property from the proceeds of any public auction of forfeited items or from any penalty obtained under this chapter. All outstanding recorded liens on any property forfeited shall be paid in full within a reasonable time following the court proceedings.