NAC490.570. Disposition of seized off-highway vehicle.

     1. The Department may remove any off-highway vehicle seized pursuant to NAC 490.565 to:

     (a) A place designated for the storage of seized property.

     (b) An appropriate place for disposal if the disposal is specifically authorized by law.

     2. If the disposal of the off-highway vehicle is not specifically authorized by law, the off-highway vehicle is subject to forfeiture if it appears to the court having jurisdiction over the proceedings that the rightful owner of the off-highway vehicle cannot after due diligence be found.

     3. If a court declares that an off-highway vehicle seized pursuant to NAC 490.565 is forfeited, the Department may:

     (a) Retain the off-highway vehicle for official use;

     (b) Sell the off-highway vehicle; or

     (c) Remove the off-highway vehicle for disposal.

     4. If at any time after an off-highway vehicle is seized pursuant to NAC 490.565 the rightful owner of the off-highway vehicle demands its return, the Department will:

     (a) Return the off-highway vehicle to the owner; or

     (b) If the off-highway vehicle is declared forfeited by a court and subsequently sold or removed for disposal, pay to the owner the fair market value of the off-highway vehicle at the time of the forfeiture.