§634. Condemnation and sale; release

            A. When any article detained or seized pursuant to R.S. 40:633 has been found by the department to be subject to seizure and condemnation pursuant to R.S. 40:632, the department shall petition a court for an order of condemnation or sale, as the court may direct. The proceeds of the sale minus the legal costs and charges shall be paid into the state treasury to the credit of the general fund.

            B. Upon the payment of the costs of the condemnation proceeding and upon the execution and delivery of a surety bond to the effect that the goods shall not be sold or otherwise disposed of contrary to the provisions of this Part, the department or court may order that the goods be delivered to the owner thereof instead of being condemned or sold.

            C. If the department finds that any article seized pursuant to the provisions of R.S. 40:633 was not subject to seizure pursuant to that Section, the department or the designated officer or employee shall remove the tag or marking.

            Amended by Acts 1978, No. 786, §5, eff. July 17, 1978; Acts 2018, No. 206, §4.