13-4314

13-4314. Disposition by court

A. If no petitions for remission or mitigation or claims are timely filed or if no
petitioner files a claim in the court within thirty days after the mailing of a
declaration of forfeiture, the attorney for the state shall apply to the court for an
order of forfeiture and allocation of forfeited property pursuant to section 13-4315. On
the state's written application showing jurisdiction, notice and facts sufficient to
demonstrate probable cause for forfeiture, and in cases brought pursuant to section
13-3413, subsection A, paragraph 1 or 3, probable cause to believe that the conduct
giving rise to forfeiture involved an amount of unlawful substance greater than the
statutory threshold amount as defined in section 13-3401 or was committed for financial
gain, the court shall order the property forfeited to the state.

B. After the court's disposition of all claims timely filed under this chapter, the
state has clear title to the forfeited property and the court shall so order. Title to
the forfeited property and its proceeds is deemed to have vested in the state on the
commission of the act or omission giving rise to the forfeiture under this title.

C. If, in his discretion, the attorney for the state has entered into a stipulation
with an interest holder that the interest holder has an interest that is exempted from
forfeiture, the court, on application of the attorney for the state, may release or
convey forfeited personal property to the interest holder if all of the following are
true:

1. The interest holder has an interest which was acquired in the regular course of
business as a financial institution within section 13-2301, subsection D, paragraph 3.

2. The amount of the interest holder's encumbrance is readily determinable and it
has been reasonably established by proof made available by the attorney for the state to
the court.

3. The encumbrance held by the interest holder seeking possession is the only
interest exempted from forfeiture and the order forfeiting the property to the state
transferred all of the rights of the owner prior to forfeiture, including rights to
redemption, to the state.

4. After the court's release or conveyance, the interest holder shall dispose of
the property by a commercially reasonable public sale, and within ten days of disposition
shall tender to the state the amount received at disposition less the amount of the
interest holder's encumbrance and reasonable expense incurred by the interest holder in
connection with the sale or disposal.

D. On order of the court forfeiting the subject property, the attorney for the
state may transfer good and sufficient title to any subsequent purchaser or transferee,
and the title shall be recognized by all courts, by this state and by all departments and
agencies of this state and any political subdivision.

E. On entry of judgment for a claimant or claimants in any proceeding to forfeit
property under this chapter such property or interest in property shall be returned or
conveyed immediately to the claimant or claimants designated by the court. If it appears
that there was reasonable cause for the seizure for forfeiture or for the filing of the
notice of pending forfeiture, complaint, information or indictment, the court shall cause
a finding to be entered, and the claimant is not, in such case, entitled to costs or
damages, nor is the person or seizing agency that made the seizure, nor is the attorney
for the state liable to suit or judgment on account of such seizure, suit or prosecution.

F. The court shall order any claimant who fails to establish that his entire
interest is exempt from forfeiture under section 13-4304 to pay the costs of any claimant
who establishes that his entire interest is exempt from forfeiture under section 13-4304
and the state's costs and expenses of the investigation and prosecution of the matter,
including reasonable attorney fees.