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hearing, the court shall schedule the hearing as soon as | | practicable, but in no event later than 6 months after the petition | | is filed or after the sentencing of any defendant convicted upon | | the same indictment.__The court shall issue or amend a final order | | of forfeiture in accordance with its determination if, after the | | hearing, the court determines that the petitioner has established | | by a preponderance of the evidence that: |
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| | | A.__The petitioner has a legal right, title or interest in | | the property and the right, title or interest renders the | | order of forfeiture invalid in whole or in part because the | | right, title or interest was vested in the petitioner rather | | than any defendant or was superior to any right, title or | | interest to the exclusion of any defendant at the time of | | the commission of the acts that gave rise to the forfeiture | | of the property under this section; and |
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| | | B.__The petitioner is a bona fide purchaser for value of the | | right, title or interest in the property and was at the time | | of purchase reasonably without cause to believe that the | | property was subject to__forfeiture under this section. |
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| | | 6. Title to property following forfeiture.__Following the | | entry of a verdict of forfeiture of property pursuant to this | | section or the entry of a guilty plea in open court on the | | record, the State has clear title to property that is the subject | | of the indictment or information and order of forfeiture and may | | order all or a portion of the property forfeited to the State to | | be disposed of pursuant to section 395. |
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| | | §397.__Payment to Attorney General |
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| | | As provided in Title 5, section 203, the Bureau of the State | | Police shall pay the Attorney General from the Video Gaming Fund | | for legal services provided pursuant to this chapter. |
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| | | A video gaming terminal may not be operated under this chapter | | before April 1, 2004. |
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| | | Rules adopted pursuant to this chapter are major substantive | | rules pursuant to Title 5, chapter 375, subchapter 2-A. |
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| | | Sec. 9. 22 MRSA c. 276 is enacted to read: |
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