44-12-211. Innocent owner -- ownership interest in property subject to forfeiture. (1) The property of an innocent owner is not subject to forfeiture under 44-12-207 through 44-12-210.

(2) A property owner or person with an ownership interest in property subject to forfeiture must be declared an innocent owner if:

(a) the property owner or person with an ownership interest in the property can establish a legal right, title, or interest in the seized property; and

(b) the state is unable to prove by clear and convincing evidence that the owner or person with an ownership interest in the property had actual knowledge of the crime associated with a forfeiture proceeding.