RS 40:2601 – Definitions As used in this Chapter, the following words and phrases shall have the following meanings: (1) "Interest holder" means a secured party within the meaning of R.S. 10:9-102(a)(72) or the beneficiary of a perfected encumbrance pertaining to an interest in property. (2) "Owner" means a person, other than an interest holder, […]
RS 40:2602 – Jurisdiction and venue A. Except as provided in Subsection C, the appropriate district court has jurisdiction under the provisions of this Chapter if the property for which forfeiture is sought is within this state at the time the action is filed or the courts of this state have personal jurisdiction of an […]
RS 40:2603 – Conduct giving rise to forfeiture Any of the following conduct gives rise to forfeiture: (1) An act or omission punishable by confinement for more than one year under R.S. 40:961 et seq. whether or not there is a prosecution or conviction related to the act or omission. (2) An act or omission […]
RS 40:2604 – Property subject to forfeiture The following property is subject to seizure and forfeiture as contraband, derivative contraband, or property related to contraband under the provision of Section 4 of Article I of the Constitution of Louisiana: (1) All controlled substances, raw materials, or controlled substance analogues that have been manufactured, distributed, dispensed, […]
RS 40:2605 – Exemptions A property interest is exempt from forfeiture under this Chapter if its owner or holder establishes all of the following: (1) That he is not legally accountable for the conduct giving rise to its forfeiture, did not consent to it, and did not know and could not reasonably have known of […]
RS 40:2606 – Seizure of property A. Property that is not evidence of a criminal violation may be seized for forfeiture by any law enforcement agency designated by the district attorney, with or without process issued by any district court, on probable cause to believe that the property is subject to forfeiture under this Chapter. […]
RS 40:2607 – Property management and preservation A. Property taken or detained under this Chapter is not subject to alienation, sequestration, or attachment. The seizing agency or the district attorney may authorize the release of the seizure for forfeiture on the property if forfeiture or retention is unnecessary, and the district attorney may transfer the […]
RS 40:2608 – Commencement of forfeiture proceedings; notice of pending forfeiture; property release requirements Forfeiture proceedings shall be commenced as follows: (1)(a) When the district attorney intends to forfeit property, pursuant to the provisions of this Chapter, he shall provide the owner and interest holder with a written assertion within forty-five days after actual or […]
RS 40:2608.1 – Sale of property pending forfeiture; circumstances; procedure A. The district attorney may petition the court for a sale pending forfeiture of any vessel, vehicle, aircraft, merchandise, or other property which is subject to forfeiture under the provisions of R.S. 40:2604 and if the hearing has not been held within sixty days of […]
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 […]
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 […]
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 […]
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. […]
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 […]
RS 40:2614 – Substituted assets A. The court shall order the forfeiture of any other property of a claimant or owner up to the value of property found by the court to be subject to forfeiture under the provisions of Section 2604 of this Chapter if any of the property: (1) Cannot be located. (2) […]
RS 40:2615 – Judicial disposition of property A. If no claims are timely filed in an action in rem, the district attorney may apply for an order of forfeiture and allocation of forfeited property pursuant to Section 2616 of this Chapter. Upon a determination by the court that the district attorney’s written application establishes the […]
RS 40:2616 – Allocation of forfeited property; creation of special funds; reporting A.(1) Except as provided in Paragraph (2) of this Subsection, when property is forfeited under the provisions of this Chapter, the district attorney shall authorize a public sale or a public auction sale conducted by a licensed auctioneer, without appraisal, of that which […]
RS 40:2617 – Powers of enforcement personnel A. In investigating conduct in violation of any of the provisions of this Chapter or R.S. 40:961 through 1034, a district attorney or his designee may conduct an investigation of the conduct. The district attorney or his designee is authorized to, before the commencement of any civil proceeding […]
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, […]
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 […]
