23-5-183. Rebuttable presumption of forfeiture -- rebuttal of presumption. (1) There is a rebuttable presumption of forfeiture.
(2) An owner of the personal property who has a verified answer on file may rebut the presumption by proving that the property was not used for the purpose charged or that the use of the property occurred without the owner's knowledge or consent.
(3) A claimant of a security interest in the personal property who has a verified answer on file may preserve the security interest by proving that the security interest:
(a) is bona fide; and
(b) was created after a reasonable investigation of the moral responsibility, character, and reputation of the purchaser of the personal property and without knowledge that the personal property was going to be or was used for the purpose charged.
(4) Subsection (3)(b) does not apply to:
(a) a person who has a lien for making repairs or performing labor upon, furnishing supplies or materials for, or providing storage for or safekeeping of the personal property;
(b) a person doing business under any law of this state or the United States relating to financial institutions, as defined in 32-6-103, loan companies, or licensed pawnbrokers; or
(c) a person regularly engaged in the business of selling or of purchasing conditional sales contracts for that type of personal property.
History: En. Sec. 4, Ch. 134, L. 2005.
Structure Montana Code Annotated
Title 23. Parks, Recreation, Sports, and Gambling
Part 1. General Provisions, Proceedings, and Penalties
23-5-110. Public policy of state concerning gambling
23-5-111. Construction and application
23-5-113. Department as criminal justice agency
23-5-114. Department employees -- activities prohibited
23-5-115. Powers and duties of department -- licensing
23-5-116. Disclosure of information
23-5-118. Transfer of ownership interest -- definitions
23-5-119. Appropriate alcoholic beverage license for certain gambling activities
23-5-123. Disposal of fines and penalties for violation of gambling laws
23-5-128. Distributor's license -- fees
23-5-129. Route operator's license -- fees
23-5-130. Allowable compensation for route operator
23-5-131. Losses at illegal gambling may be recovered in civil action
23-5-135. Discharge of defendant
23-5-136. Injunction and other remedies
23-5-138. Evidence in administrative proceedings
23-5-139. and 23-5-140 reserved
23-5-145. through 23-5-150 reserved
23-5-153. Possession and sale of antique gambling devices
23-5-154. Soliciting participation in illegal gambling activity prohibited
23-5-155. Counterfeiting or defacing documents -- penalty
23-5-157. Gambling on cash basis -- penalties
23-5-158. Minors not to participate -- penalty -- exception
23-5-159. Illegal sale, assignment, lease, or transfer of license -- penalty
23-5-160. Shaking dice for drink or music or in shake-a-day game
23-5-161. Criminal liabilities -- misdemeanor
23-5-162. Criminal liabilities -- felony
23-5-164. Payroll checks -- promotional activities prohibited
23-5-165. Fishing derbies and wagering on natural occurrences
23-5-166. through 23-5-170 reserved
23-5-171. Authority of local governments to regulate gambling
23-5-173. through 23-5-175 reserved
23-5-176. Qualifications for licensure
23-5-177. Operator of gambling establishment -- license -- fee
23-5-178. Associated gambling business
23-5-180. Property subject to forfeiture
23-5-181. Petition -- summons -- service -- answer
23-5-182. Effect of failure to answer -- hearing date following answer
23-5-183. Rebuttable presumption of forfeiture -- rebuttal of presumption