The Community Court may order forfeiture of the following kinds of property located within its jurisdiction:
(a) 
Property which is made contraband by Tribal law;
(b) 
Property being used to violate or in violation of a Port Gamble S’Klallam Tribal ordinance;
(c) 
Property otherwise subject to forfeiture by specific Tribal law.
If a specific Tribal law sets forth its own forfeiture proceedings they shall be controlling and the Community Court may rely on such additional provisions in this chapter as justice may require.
(Res. 84 A 03, 2/14/1984)
In order to begin a forfeiture proceeding, the Tribe shall file a Petition for Forfeiture in the Community Court and deliver a copy of the petition to all persons believed to have an ownership interest in the property at issue.
(Res. 84 A 03, 2/14/1984)
Any time after a Petition for Forfeiture is filed, if the Tribe demonstrates that there is probable cause to believe the property named is subject to forfeiture under Tribal law, the judge may issue an order which directs Tribal law enforcement officers to seize and hold the property pending resolution of the forfeiture suit.
(Res. 84 A 03, 2/14/1984)
In the following circumstances the Tribe, through its law enforcement officers, may seize any property which is subject to forfeiture before a Petition for Forfeiture is filed or before an order of seizure has been obtained:
(a) 
When a Tribal law or regulation allows immediate seizure;
(b) 
When the property presents an urgent danger to persons, property, or wildlife within the Tribe’s jurisdiction;
(c) 
When the Tribe has probable cause to believe that the property is subject to forfeiture and is likely to be removed from the Tribe’s jurisdiction if it is not seized immediately.
Whenever the Tribe seizes property before it has filed and served a Petition for Forfeiture, it must file and serve the petition no later than five (5) days after the seizure has taken place. At the time of filling or as soon after that as the judge can schedule a hearing, the Tribe shall request an order of seizure as provided in section 3.10.04.
(Res. 84 A 03, 2/14/1984)
The Tribal officer who seizes property pursuant to these provisions shall prepare a complete list to a notice which states the time and place of seizure, the name and address of the owner, if known, and the authority for seizure. The officer shall promptly deliver a copy of the notice and list to the Court, to the owner of the property, and to the person in whose possession the property was found. If the owner of the property cannot be identified or located, the officer shall post the notice and list at the place where the property was found and at two (2) other public places on the reservation.
(Res. 84 A 03, 2/14/1984)
Pending the forfeiture trial, a person who presents satisfactory proof that he or she owns the property which has been seized may gain possession of the property by posting a bond or cash deposit with the Tribe. The bond or deposit shall be in the amount equal to the market value of the property. The amount and form of the bond shall be subject to approval of the Tribal court. The Court shall order the Bond or cash forfeited if it is shown by a preponderance of the evidence that the owner used the property in violation of Tribal law after posing the bond. If the Court ultimately rules in the Tribe’s favor on the Petition for Forfeiture the court shall order either the bond or the property itself forfeited.
(Res. 84 A 03, 2/14/1984)
Procedures and burdens of proof in a forfeiture proceeding shall be the same as in any civil suit, except that in cases where the property owner does not post bond and regain possession of the property, trial of the principle issue in the case must be held no later than thirty (30) days after the petition for forfeiture is filed. The property owner may voluntarily waive this right to a speedy hearing.
(Res. 84 A 03, 2/14/1984)
If the Court rules in favor of the property owner, all property seized or bonds or cash deposited shall promptly be returned to the owner. If the Court rules in favor of the Tribe, and orders the property forfeited, the Court’s order shall transfer title of the property to the Port Gamble S’Klallam Tribe. The Tribe may then dispose of the property as it sees fit.
(Res. 84 A 03, 2/14/1984)