TITLE LV
PROCEEDINGS IN SPECIAL CASES

CHAPTER 536-A
REPLEVIN

Section 536-A:10

    536-A:10 Property Within a Building. – If the property or any part thereof is in a building or enclosure, the levying officer shall demand its delivery, announcing his identity, purpose, and the authority under which he acts. If the property is not voluntarily delivered, he shall cause the building or enclosure to be broken open in such manner as he reasonably believes will cause the least damage to the building or enclosure, and take the property into his possession. He may call upon any sheriff or police officer to aid and protect him, but if he reasonably believes that entry and seizure of the property will involve a substantial risk of death or serious bodily harm to any person, he shall refrain from seizing the property, and shall forthwith make a return before the court from which the writ issued, setting forth the reasons for his belief that such risk exists. The court thereupon shall make such orders and decrees as may be appropriate.

Source. 1973, 467:1, eff. Aug. 29, 1973.