712A-8 Notice of forfeiture proceedings.
§712A-8 Notice of forfeiture proceedings. Unless otherwise provided, whenever notice is required under this chapter it shall be given in one of the following ways: (a) If the owner’s or interest-holder’s name and current address are known: (i) By personal service; or (ii) By mail; (b) If the owner’s or interest-holder’s interest is required by […]
712A-9 Commencement of proceedings.
§712A-9 Commencement of proceedings. (1) The prosecuting attorney shall determine whether it is probable that the property is subject to forfeiture and, if so, shall initiate administrative or judicial proceedings against the property within forty-five days of receipt of a written request for forfeiture from a seizing agency. If, on inquiry and examination, the prosecuting […]
712A-10 Administrative forfeiture.
§712A-10 Administrative forfeiture. The prosecuting attorney may initiate administrative forfeiture of property other than real property, the estimated value of which is less than $100,000, or of any vehicle or conveyance, regardless of value. Administrative forfeiture shall be processed in the following manner: (1) The prosecuting attorney shall file a petition with the attorney general, […]
712A-11 Judicial forfeiture proceedings; general.
§712A-11 Judicial forfeiture proceedings; general. (1) In any judicial or administrative proceeding pursuant to this chapter, the court, on application of the State, may enter any restraining order or injunction, require the execution of satisfactory performance bonds, create receiverships, appoint conservators, appraisers, accountants or trustees, or take any other action to seize, secure, maintain, or […]
712A-12 Judicial in rem forfeiture proceedings.
§712A-12 Judicial in rem forfeiture proceedings. (1) If a forfeiture is authorized by law, it shall be ordered by a court on an action in rem brought by the prosecuting attorney on a verified petition for forfeiture filed in the criminal or civil division of the circuit court. (2) A civil in rem action may […]
712A-13 Judicial in personam forfeiture proceedings.
§712A-13 Judicial in personam forfeiture proceedings. (1) If a forfeiture is authorized by law, it shall be ordered by a court on a petition for forfeiture filed by the prosecuting attorney in an in personam civil or criminal action. In any civil in personam action brought under this section, the owner or interest-holder may testify, […]
712A-14 Supplemental remedies.
§712A-14 Supplemental remedies. (1) The court shall order the forfeiture of any other property of an in personam civil or criminal defendant up to the value of the subject property if any of the property subject to forfeiture: (a) Cannot be located; (b) Has been transferred or conveyed to, sold to, or deposited with a […]
712A-15 Disposition of claims by court.
§712A-15 Disposition of claims by court. (1) Following the court’s disposition of all claims filed under this chapter, or if no such claims are filed, following the expiration of the period provided in this chapter for the filing of such claims, the State has clear title to property that is the subject of the in […]
712A-16 Disposition of property forfeited.
§712A-16 Disposition of property forfeited. (1) All property forfeited to the State under this chapter shall be transferred to the attorney general who: (a) May transfer property, other than currency, which shall be distributed in accordance with subsection (2) to any local or state government entity, municipality, or law enforcement agency within the State; (b) […]
712A-17 Limitation of actions.
§712A-17 Limitation of actions. Notwithstanding any other provision of law, forfeiture proceedings under this chapter may be commenced at any time within the period in which a criminal proceeding may be instituted for a covered offense pursuant to section 701-108. [L 1988, c 260, pt of §1; §7; am L 1990, c 197, §1; am […]