The Vermont Statutes Online
The Statutes below include the actions of the 2025 session of the General Assembly.
NOTE: The Vermont Statutes Online is an unofficial copy of the Vermont Statutes Annotated that is provided as a convenience.
Subchapter
002
:
FORFEITURE
(Cite as: 18 V.S.A. § 4245)
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§ 4245. Remission or mitigation of forfeiture
(a) On petition filed within 90 days after completion of a forfeiture proceeding, a court
that issued a forfeiture order pursuant to section 4244 of this title may order that the forfeiture be remitted or mitigated. The petition shall be sworn
and shall include all information necessary for its resolution or shall describe where
such information can be obtained. Upon receiving a petition, the court shall investigate
and may conduct a hearing if in its judgment it would be helpful to the resolution
of the petition. The court shall either grant or deny the petition within 90 days.
(b) The court may remit or mitigate a forfeiture upon finding that relief should be granted
to avoid extreme hardship or upon finding that the petitioner has a valid, good faith
interest in the property that is not held through a straw purchase, trust, or otherwise
for the benefit of another and that the petitioner did not at any time have knowledge
or reason to believe that the property was being or would be used in violation of
the law. (Added 1985, No. 174 (Adj. Sess.), § 2; amended 2018, No. 8 (Sp. Sess.), § 7, eff. June 28, 2018.)