teamzr1
Supporting vendor
A Kansas man has been reunited with his restored 1959 red Corvette following a six-year legal battle with the state.
Rich Martinez had bought the classic car legally in Indiana in 2016 for $50,000 and had it restored in Illinois.
Registration in those two states went smoothly, KCTV reports.
But when he brought it back to Kansas in 2017, Martinez discovered that during the restoration the original Vehicle Identification Number plate was removed and was replaced with rivets instead of the original Phillips head screws.
And under Kansas state law at the time, any vehicle with a 'destroyed, removed, altered or defaced VIN' is considered 'contraband' and must be crushed.
Martinez, though, managed to delay his beloved car's destruction as he fought for six years to get it back, questioning how a legal purchase in another state — with documented paperwork could be considered stolen property.
The grandfather eventually managed to gain the attention of Kansas state lawmakers, who voted to change the statute earlier this year to exempt any car that is more than 35 years old and needs to be refurbished
As a result, Martinez was finally able to get his keys back late last month — but only after he spent $30,000 in legal fees.
He now faces another $28,000 to get the car repaired after it was left for years in parking lots and storage sheds, where other cars and boats would bang up against it.
Still, he said, it will be worth it when he can take his grandchildren around town in the refurbished car.
'It's been a long six years,' he told KCTV. 'But it's home, and we are going to start fresh.'
Throughout his legal battle, KCTV reports, he never blamed the Kansas Highway Patrol, saying they were just doing their job.
Instead, he sought to get Kansas officials to question the state laws, noting that it may be necessary to remove a VIN plate on a restored vehicle.
Eventually, Kansas state officials even admitted he was innocent under the law, as he did not actually remove the VIN plate himself or steal the car — and he gained the support of the Kansas Justice Institute.
'Asset forfeiture is bad enough,' said KJI Litigation Director Sam MacRoberts. 'But it's especially bad in this case because the governments admits Mr. Martinez did nothing wrong.
'When the government knows someone is innocent, they shouldn't use their power and resources to take their property,' he noted, according to Reason Magazine.
MacRoberts added: 'The United States and Kansas constitutions do not permit the government to acknowledge the person's innocence on the one hand, and with the other, declare the innocent person's property "contraband" and take it.'
As news of his legal battle spread last year, Kansas State Rep. Leo Delperdang realized, 'it was up to us to change the laws and make it more reasonable.'
His bill to exempt classic cars from the forfeiture clause was ultimately approved by the Kansas State Legislature earlier this year and the case against him was thrown out, with a judge awarding him $20,000.
But after all that, Martinez questions whether the fight was worth it — as he now has to pay an estimated $28,000 in repairs after already spending $30,000 in legal fees.
The engine no longer starts, after sitting idly for so long, and the once shiny red coat is now covered in a layer of dust from the years it spent in a Topeka storage facility.
'Financially, emotionally, no' it was not worth the fight, Martinez admitted. 'But I hope somebody watching this understands that sometimes you may be the only one standing out there to fight.
'What's wrong is wrong and needs to be corrected,' he said.
Rich Martinez had bought the classic car legally in Indiana in 2016 for $50,000 and had it restored in Illinois.
Registration in those two states went smoothly, KCTV reports.
But when he brought it back to Kansas in 2017, Martinez discovered that during the restoration the original Vehicle Identification Number plate was removed and was replaced with rivets instead of the original Phillips head screws.
And under Kansas state law at the time, any vehicle with a 'destroyed, removed, altered or defaced VIN' is considered 'contraband' and must be crushed.
Martinez, though, managed to delay his beloved car's destruction as he fought for six years to get it back, questioning how a legal purchase in another state — with documented paperwork could be considered stolen property.
The grandfather eventually managed to gain the attention of Kansas state lawmakers, who voted to change the statute earlier this year to exempt any car that is more than 35 years old and needs to be refurbished
As a result, Martinez was finally able to get his keys back late last month — but only after he spent $30,000 in legal fees.
He now faces another $28,000 to get the car repaired after it was left for years in parking lots and storage sheds, where other cars and boats would bang up against it.
Still, he said, it will be worth it when he can take his grandchildren around town in the refurbished car.
'It's been a long six years,' he told KCTV. 'But it's home, and we are going to start fresh.'
Throughout his legal battle, KCTV reports, he never blamed the Kansas Highway Patrol, saying they were just doing their job.
Instead, he sought to get Kansas officials to question the state laws, noting that it may be necessary to remove a VIN plate on a restored vehicle.
Eventually, Kansas state officials even admitted he was innocent under the law, as he did not actually remove the VIN plate himself or steal the car — and he gained the support of the Kansas Justice Institute.
'Asset forfeiture is bad enough,' said KJI Litigation Director Sam MacRoberts. 'But it's especially bad in this case because the governments admits Mr. Martinez did nothing wrong.
'When the government knows someone is innocent, they shouldn't use their power and resources to take their property,' he noted, according to Reason Magazine.
MacRoberts added: 'The United States and Kansas constitutions do not permit the government to acknowledge the person's innocence on the one hand, and with the other, declare the innocent person's property "contraband" and take it.'
As news of his legal battle spread last year, Kansas State Rep. Leo Delperdang realized, 'it was up to us to change the laws and make it more reasonable.'
His bill to exempt classic cars from the forfeiture clause was ultimately approved by the Kansas State Legislature earlier this year and the case against him was thrown out, with a judge awarding him $20,000.
But after all that, Martinez questions whether the fight was worth it — as he now has to pay an estimated $28,000 in repairs after already spending $30,000 in legal fees.
The engine no longer starts, after sitting idly for so long, and the once shiny red coat is now covered in a layer of dust from the years it spent in a Topeka storage facility.
'Financially, emotionally, no' it was not worth the fight, Martinez admitted. 'But I hope somebody watching this understands that sometimes you may be the only one standing out there to fight.
'What's wrong is wrong and needs to be corrected,' he said.
Last edited: