15.10.480 Proceedings for third-party petitions.
(a) Petition Requirements. A petition submitted pursuant to YTC 15.10.470 shall be signed by the petitioner under penalty of perjury and shall set forth:
(1) The nature and extent of the petitioner’s right, title, or interest in the property;
(2) The time and circumstances of the petitioner’s acquisition of the right, title, or interest in the property;
(3) Any additional facts supporting the petitioner’s claim; and
(4) The relief sought.
(b) Evidentiary Standards. At the hearing on the petition, the petitioner and the Yurok Tribe may testify and present evidence and witnesses on their own behalf and cross-examine witnesses who appear at the hearing. The Tribal Court may also consider relevant portions of any case giving rise to the forfeiture.
(c) Amended Order of Forfeiture. The Tribal Court shall amend the order of forfeiture, if, after the hearing, the Tribal Court determines that the petitioner has established by a preponderance of the evidence that:
(1) The petitioner has a legal right, title, or interest in the property, and such right, title, or interest renders the order of forfeiture invalid in whole or in part; or
(2) The petitioner is a bona fide purchaser for value of the right, title, or interest in the property and at the time of purchase he did not know and was reasonably without cause to believe that the property was subject to forfeiture under this chapter; or
(3) The petitioner is an innocent owner. [Ord. 82 § 4509, amended, 4/10/2023; Ord. 35 § 4509, adopted, 2/6/2014.]