§ 9-16-18. Forfeited Property Vests in State at Time Conduct Giving Rise to Forfeiture Committed; Release of Property Upon Entry of Judgment in Favor of Owner
All property declared to be forfeited vests in the state at the time of commission of the conduct giving rise to forfeiture together with the proceeds of the property after that time. Any property or proceeds transferred later to any person remain subject to forfeiture and thereafter shall be ordered to be forfeited unless the […]
§ 9-16-19. Disposition of Forfeited Property; Order of Distribution; Annual Report
As used in this Code section, the term: “Entity” means and includes, but shall not be limited to, a law enforcement agency, multijurisdictional task force, or office, agency, authority, department, commission, board, body, division, instrumentality, or institution of the state or any political subdivision. “Law enforcement agency” means a governmental unit of one or more […]
§ 9-16-20. Court May Order Forfeiture of Other Property Under Certain Circumstances; Civil Action; Enforcement of Judgments; Persons Having Interest in Property Barred From Collaterally Attacking Forfeiture Proceedings; Limitations
The court shall order the forfeiture of any property of a claimant or defendant up to the value of property found by the court to be subject to forfeiture if any of the forfeited property: Cannot be located; Has been transferred or conveyed to, sold to, or deposited with a third party; Is beyond the […]
§ 9-16-21. Effect of Federal Law Forfeitures; Annual Report
Property seized or forfeited pursuant to federal law, and such property or proceeds, authorized by such federal law to be transferred to a cooperating law enforcement agency of this state or any political subdivision thereof shall be utilized by the law enforcement agency or political subdivision to which the property or proceeds are so transferred […]
§ 9-16-22. Construction
This chapter shall be liberally construed to effectuate its remedial purposes. History. Code 1981, § 9-16-22 , enacted by Ga. L. 2015, p. 693, § 1-1/HB 233.
§ 9-16-10. Disposition of Seized Property
If property is seized, the state attorney may: Remove the property to a place designated by the superior court having jurisdiction over a civil forfeiture proceeding; Place the property under constructive seizure by giving notice of pending forfeiture to its owners and interest holders and filing notice of seizure in any appropriate public record relating […]
§ 9-16-11. Quasi-Judicial Forfeiture for Property Valued at $25,000.00 or Less; Notice; Procedure
If the estimated value of personal property seized is $25,000.00 or less, the state attorney shall post a notice of the seizure of such property in a prominent location in the courthouse of the county in which the property was seized. Such notice shall include: A description of the property; The date and place of […]
§ 9-16-12. In Rem Forfeiture
In actions in rem, the property which is the subject of the complaint for forfeiture shall be named as the defendant. The complaint shall be verified on oath or affirmation by a duly authorized agent of the state in a manner consistent with Article 5 of Chapter 10 of this title. Such complaint shall describe […]
§ 9-16-13. In Personam Forfeiture
In actions in personam, the complaint shall be verified on oath or affirmation by a duly authorized agent of the state in a manner consistent with Article 5 of Chapter 10 of this title. The complaint shall: Describe with reasonable particularity the property which is sought to be forfeited; State the property’s present custodian; State […]
§ 9-16-14. Restraining Order, Injunction, and Other Measures to Seize, Maintain, or Preserve Property; Hearing
In conjunction with any civil forfeiture proceeding or criminal proceeding involving forfeiture: The court, upon application of the state attorney, may enter any restraining order or injunction; require the execution of satisfactory performance bonds; appoint receivers, conservators, appraisers, accountants, or trustees; or take any action to seize, secure, maintain, or preserve the availability of property […]