§40:2618. Prescription
RS 40:2618 – Prescription A civil action under this Chapter shall be commenced within seven years after the last conduct giving rise to forfeiture or to the cause of action became known or should have become known, excluding any time during which either the property or defendant is out of the state or in confinement, […]
§40:2619. Summary forfeiture of controlled substances
RS 40:2619 – Summary forfeiture of controlled substances Controlled substances included in Schedule I which are contraband and any controlled substance whose owners are unknown are summarily forfeited to the state. The court may include in any judgment under this Chapter an order forfeiting any controlled substance involved in the offense to the extent of […]
§40:2620. Bar to collateral action
RS 40:2620 – Bar to collateral action No person claiming an interest in property subject to forfeiture may commence or maintain any action against the state concerning the validity of the alleged interest other than as provided in this Chapter. Acts 1989, No. 375, §1, eff. Jan. 1, 1990.
§40:2621. Statutory construction
RS 40:2621 – Statutory construction The provisions of this Chapter shall be liberally construed to effectuate its remedial purposes. Civil remedies under this Chapter shall be supplemental and not mutually exclusive. They do not preclude and are not precluded by any other provision of law. Acts 1989, No. 375, §1, eff. Jan. 1, 1990.
§40:2622. Short title
RS 40:2622 – Short title The provisions of this Chapter shall be known and may be referred to as the "Seizure and Controlled Dangerous Substances Property Forfeiture Act of 1989". Acts 1989, No. 375, §1, eff. Jan. 1, 1990.
§40:2609. Stipulation of exemptions
RS 40:2609 – Stipulation of exemptions A. The district attorney may make a stipulation of exemption available in the following manner: (1) If the district attorney makes a stipulation of exemption available, the district attorney shall so indicate in the Notice of Pending Forfeiture as provided in Section 2608 of this Chapter. (2) An owner […]
§40:2610. Claims
RS 40:2610 – Claims A. Only an owner of or interest holder in property seized for forfeiture may file a claim and shall do so in the manner provided in this Section. The claim shall be mailed to the seizing agency and to the district attorney by certified mail, return receipt requested, within thirty days […]
§40:2611. Judicial proceedings generally
RS 40:2611 – Judicial proceedings generally A. A judicial forfeiture proceeding under this Chapter is subject to the provisions of this Section. B. The court, on application of the district attorney, may enter any restraining order or injunction, require the execution of satisfactory performance bonds, create receiverships, appoint conservators, appraisers, accountants, or trustees, or take […]
§40:2612. In rem proceedings
RS 40:2612 – In rem proceedings A. A judicial in rem forfeiture proceeding brought by the district attorney pursuant to a Notice of Pending Forfeiture or verified petition for forfeiture is subject to the provisions of this Chapter. If authorized by law, a forfeiture shall be ordered by the court in the in rem action. […]
§40:2613. In personam proceedings
RS 40:2613 – In personam proceedings A.(1) A forfeiture may be ordered by a court on proceedings brought by the district attorney on behalf of the state in an in personam civil action alleging conduct giving rise to forfeiture if it is authorized by law. This action shall be in addition to or in lieu […]