US Lawyer Database

§ 39-11-713. Disposition of Forfeited Property

All property ordered forfeited shall be sold at public auction. The proceeds from all property forfeited and sold at public auction shall be disposed of by the court as directed by this part. The attorney general shall first be compensated for all expenses incident to the litigation, as approved by the court. Any such costs […]

§ 39-11-714. Assistance by Other Agencies

The attorney general may authorize any governmental department or agency of this state, any political subdivision of the state, or any other state or federal government to participate in the investigation into the conduct giving rise to forfeiture under this part. The grand jury may provide any records, documents, or evidence received by subpoena to […]

§ 39-11-715. Equity Powers of Court

Any criminal court or general sessions court may conduct such hearings and enter such orders, injunctions, restraining orders, prohibitions, or issue any extraordinary process for the purpose of ensuring that any defendant does not use any proceeds directly or indirectly derived from a criminal offense for the purpose of securing an appearance bond or to […]

§ 39-11-716. Immunities

The attorney general, the attorney general’s assistants and investigators shall not be civilly liable for any acts performed in furtherance of the purposes of this part.

§ 39-11-717. Supplement to Other Laws — Retroactive Application

This part does not supersede any other statute or law relating to forfeiture of property and may be used in conjunction with administrative forfeiture laws. This law pertaining to the forfeiture of property is remedial and shall be liberally construed to effect its purpose. This part shall apply retroactively to all proceeds acquired or received […]

§ 39-11-709. Procedure for Return of Property Seized

Only an owner or interest holder may make a claim for return of property seized for forfeiture or otherwise contest the forfeiture under this part. In the event of a seizure for forfeiture under this part, the property shall not be subject to replevin, conveyance, or attachment, but is deemed to be in the custody […]

§ 39-11-710. Rights of Interest Holders and Owners

Nothing in this part shall limit or restrict the right of an interest holder in real property that was of record, prior to the filing of the notice of lien lis pendens, to enforce its deed of trust, or to take any other action permitted under its deed of trust as long as prior notice […]