§ 12-207. Return of vehicle to owner after seizure

   (a) Surrender of motor vehicle to owner. -- The forfeiting authority shall surrender the motor vehicle on request to the owner if the forfeiting authority determines, independent of the decision of the seizing authority, that:

   (1) the motor vehicle falls within the purview of § 12-205 of this subtitle; or

   (2) the standards listed under § 12-204(b) of this subtitle were not met.

(b) Court review. -- In a proceeding under this title, the court may determine, based on the standards listed in § 12-204(b) of this subtitle, whether the seizing authority or forfeiting authority abused its discretion or was clearly erroneous:

   (1) in recommending the forfeiture of a motor vehicle; or

   (2) in not surrendering on request a motor vehicle to an owner.

HISTORY: An. Code 1957, art. 27, § 297(j), (k)(1); 2001, ch. 10, § 2.