§ 9-16-4. Venue
A complaint for forfeiture pursuant to Code Section 9-16-12 or 9-16-13 shall be tried: If the complaint for forfeiture is in rem against real property, in the county where the property is located, except where a single tract is divided by a county line, in which case the superior court of either county shall have […]
§ 9-16-5. Notice to Owner of Seizure of Vehicle
If a seized vehicle is registered to a person or entity that was not present at the scene of the seizure and whose conduct did not give rise to the seizure, the seizing officer or his or her designee shall make a reasonable effort to determine the name of the registered owner of the seized […]
§ 9-16-6. Seizure of Property
Property subject to forfeiture may be seized by any law enforcement officer of this state or any political subdivision thereof who has power to make arrests or execute process or a search warrant issued by any court having jurisdiction over the property. A court issued warrant authorizing seizure of property subject to forfeiture may be […]
§ 9-16-7. Reporting of Seizure; Role of State Attorney
When property that is intended to be forfeited is taken by any law enforcement officer of this state, within 30 days thereof the seizing officer shall, in writing, report the fact of seizure and conduct an inventory and estimate the value of the property seized and provide such information to the district attorney of the […]
§ 9-16-8. Forfeiture Lien
A state attorney may file, without a filing fee, a forfeiture lien upon the initiation of any civil forfeiture proceeding or criminal proceeding or upon seizure for forfeiture. The forfeiture lien filing shall constitute notice to any person claiming an interest in the property owned by the named person. The forfeiture lien shall include the […]
§ 9-16-9. Seized Property Not Subject to Replevin, Conveyance, Sequestration, or Attachment; Release of Property; Assignment of Complaint for Forfeiture; Custodian of Property
Property attached or seized under this chapter shall not be subject to replevin, conveyance, sequestration, or attachment. The seizing law enforcement agency or the state attorney may authorize the release of the attached or seized property if the forfeiture or retention is unnecessary or may transfer the civil forfeiture proceeding to another agency or state […]
§ 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 […]