NRS482.542. Disposition of seized vehicle.

      1.  Any vehicle seized pursuant to NRS 482.540 may be removed by a law enforcement agency or the Department to:

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

      (b) An appropriate place for disposal if that disposal is specifically authorized by statute.

      2.  If disposal of a vehicle seized pursuant to NRS 482.540 is not specifically authorized by statute, a law enforcement agency or the Department may file a civil action for forfeiture of the vehicle:

      (a) Pursuant to paragraph (c) of subsection 1 of NRS 4.370 in the justice court of the township where the vehicle which is the subject of the action was seized if the fair market value of the vehicle and the cost of towing and storing the vehicle does not exceed $10,000; or

      (b) In the district court for the county where the vehicle which is the subject of the action was seized if the fair market value of the vehicle and the cost of towing and storing the vehicle equals or exceeds $10,000.

      3.  Upon the filing of a civil action pursuant to subsection 2, the court shall schedule a date for a hearing. The hearing must be held not later than 7 business days after the action is filed. The court shall affix the date of the hearing on a form for that purpose and order a copy served by the sheriff, constable or other process server upon each claimant whose identity is known to the law enforcement agency or Department or who can be identified through the exercise of due diligence.

      4.  The court shall:

      (a) Order the release of the vehicle to the owner or to another person who the court determines is entitled to the vehicle if the court finds that:

             (1) A motor number, manufacturer’s number or identification mark which was placed on the vehicle has not been falsely attached, removed, defaced, altered or obliterated; and

             (2) The vehicle has not been illegally altered in a manner that impairs the structural integrity of the vehicle; or

      (b) Order the vehicle destroyed or otherwise disposed of as determined by the court, if the court finds that:

             (1) There is no satisfactory evidence of ownership;

             (2) A motor number, manufacturer’s number or identification mark which was placed on the vehicle has been falsely attached, removed, defaced, altered or obliterated; or

             (3) The vehicle has been illegally altered in a manner that impairs the structural integrity of the vehicle.

      5.  If a court declares that a vehicle seized pursuant to NRS 482.540 is forfeited, a law enforcement agency or the Department may:

      (a) Retain it for official use;

      (b) Sell it; or

      (c) Remove it for disposal.

      6.  As used in this section, “claimant” means any person who claims to have:

      (a) Any right, title or interest of record in the property or proceeds subject to forfeiture;

      (b) Any community property interest in the property or proceeds; or

      (c) Had possession of the property or proceeds at the time of the seizure thereof by a law enforcement agency or the Department.

      (Added to NRS by 1987, 1143; A 2011, 1617)