504. INVENTORY OF SEIZED PROPERTY.

1. Upon entry of a final order of forfeiture by the Court, the Tax Commission shall circulate an inventory of forfeited property to all divisions of the tribal government. Any agency of the tribal government may submit a request to the Tribal Council that such portion of the forfeited property as it can use be retained for the benefit of the Tribe. The Tribal Council shall determine which property will be retained and shall order the Tax Commission to conduct a public sale of the remainder, or to destroy any property which cannot be legally possessed.
2. The property to be sold shall be sold at public action at the headquarters of the Rosebud Sioux Tribe. Notice of such sale shall be posted in the tribal headquarters at least 20 days before the sale and published at least twice in a newspaper of general circulation in the vicinity of the Rosebud Reservation at least ten days before the sale. All funds received at the sale, in excess of the costs of the sale, shall be deposited in the Tribal Tax Account except as provided in Subsection (4) of this Section.
3. The Tax Commission may conduct a sale at such times as it deems sufficient property has accumulated to make the sale profitable, and shall also conduct a sale upon direction of the Tribal Council.
4. The seizure, forfeiture, and sale of any property which is not destroyed as contraband pursuant to Subsection (1) of this Section, shall reduce the liability for payment of taxes, penalties, interest and other fees and charges of the person form whom such property was seized, by the sale price, less costs of the sale and attorney’s fees and expenses incident to the forfeiture action, or in the case property retained for the benefit of the Tribe, by the fair market value of such property, less attorney’s fees and expenses incident to the forfeiture action. Any excess shall be credited to the taxpayer’s account, to be applied toward future tribal taxes, unless the taxpayer demonstrates to the Tax Commission by convincing evidence that no future taxes will be owed to the Tribe by the taxpayer, in which case such excess shall be refunded to the taxpayer.