13-4308. Commencement of proceedings
A. The attorney for the state shall determine whether it is probable that the
property is subject to forfeiture and, if so, may cause the initiation of uncontested or
judicial proceedings against the property. If, on inquiry and examination, the attorney
determines that the proceedings probably cannot be sustained or that justice does not
require the institution of such proceedings, he shall notify the seizing agency and
immediately authorize the release of the seizure for forfeiture on the property or on any
specified interest in it.
B. If the state fails to initiate forfeiture proceedings against property seized
for forfeiture by notice of pending forfeiture within sixty days after its seizure for
forfeiture, or fails to pursue forfeiture of such property on which a timely claim has
been properly filed by filing a complaint, information or indictment pursuant to section
13-4311 or 13-4312 within sixty days after notice of pending forfeiture or, if
uncontested forfeiture has been made available, within sixty days after a declaration of
forfeiture, whichever is later, such property shall be released from its seizure for
forfeiture on the request of an owner or interest holder, pending further proceedings
pursuant to this chapter, which shall be commenced within seven years after actual
discovery of the last act giving rise to forfeiture.
C. If the property sought to be forfeited is real property, including fixtures, the
attorney for the state may file a lis pendens or a notice of pending forfeiture with
respect to the property with the county recorder of the county in which the property is
located, in addition to any lien provided by section 13-2314.02, without a filing fee or
other charge.
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