60-4115.Substituted assets and supplemental remedies.(a) The court shall order the forfeiture of any other propertyofan owner or in personam defendant, up to the value of thatowner's or defendant's property found by the court to be subjectto forfeiture under this act, if any of the owner's ordefendant's forfeitable property:
(1) Cannot be located;
(2) has been transferred or conveyed to, sold to, ordeposited with a third party;
(3) is beyond the jurisdiction of the court;
(4) has been substantially diminished in value while not inthe actual physical custody of the court, the seizing agency, theplaintiff's attorney, or their designee;
(5) has been commingled with other property that cannot bedivided without difficulty;
(6) is subject to any interest of another person whichinterest is exempt from forfeiture under this act; or
(7) is exempt from forfeiture due to a constitutional orstatutory provision.
(b) In addition to any other remedy provided for by law, if aforfeiture lien or notice of pending forfeiture has been filed andnotice given pursuant to K.S.A. 60-4109, or if a complaintalleging conduct giving rise to forfeiture has been filed andnotice given pursuant to such K.S.A. 60-4109 or other applicable rule ofcivil procedure, the plaintiff's attorney may institute an actionin the district court against any person with notice or actualknowledge who destroys, conveys, alienates, encumbers, furtherencumbers, disposes of, purchases, receives, removes from thejurisdiction of the court, conceals, or otherwise rendersunavailable for forfeiture property alleged to be subject toforfeiture in the forfeiture lien, notice of pending forfeiture, orcomplaint. In such case, the court shall enter a final judgment inan amount equal to the value of the lien not to exceed the fairmarket value of the property, or, if the property is alleged to besubject to forfeiture, in an amount equal to the fair market valueof the property, together with reasonable investigative expensesand attorney fees. If a civil proceeding under this act ispending in court, the action shall be heard by such court.
60-4115.Substituted assets and supplemental remedies.(a) The court shall order the forfeiture of any other propertyofan owner or in personam defendant, up to the value of thatowner's or defendant's property found by the court to be subjectto forfeiture under this act, if any of the owner's ordefendant's forfeitable property:
(1) Cannot be located;
(2) has been transferred or conveyed to, sold to, ordeposited with a third party;
(3) is beyond the jurisdiction of the court;
(4) has been substantially diminished in value while not inthe actual physical custody of the court, the seizing agency, theplaintiff's attorney, or their designee;
(5) has been commingled with other property that cannot bedivided without difficulty;
(6) is subject to any interest of another person whichinterest is exempt from forfeiture under this act; or
(7) is exempt from forfeiture due to a constitutional orstatutory provision.
(b) In addition to any other remedy provided for by law, if aforfeiture lien or notice of pending forfeiture has been filed andnotice given pursuant to K.S.A. 60-4109, or if a complaintalleging conduct giving rise to forfeiture has been filed andnotice given pursuant to such K.S.A. 60-4109 or other applicable rule ofcivil procedure, the plaintiff's attorney may institute an actionin the district court against any person with notice or actualknowledge who destroys, conveys, alienates, encumbers, furtherencumbers, disposes of, purchases, receives, removes from thejurisdiction of the court, conceals, or otherwise rendersunavailable for forfeiture property alleged to be subject toforfeiture in the forfeiture lien, notice of pending forfeiture, orcomplaint. In such case, the court shall enter a final judgment inan amount equal to the value of the lien not to exceed the fairmarket value of the property, or, if the property is alleged to besubject to forfeiture, in an amount equal to the fair market valueof the property, together with reasonable investigative expensesand attorney fees. If a civil proceeding under this act ispending in court, the action shall be heard by such court.
60-4115.Substituted assets and supplemental remedies.(a) The court shall order the forfeiture of any other propertyofan owner or in personam defendant, up to the value of thatowner's or defendant's property found by the court to be subjectto forfeiture under this act, if any of the owner's ordefendant's forfeitable property:
(1) Cannot be located;
(2) has been transferred or conveyed to, sold to, ordeposited with a third party;
(3) is beyond the jurisdiction of the court;
(4) has been substantially diminished in value while not inthe actual physical custody of the court, the seizing agency, theplaintiff's attorney, or their designee;
(5) has been commingled with other property that cannot bedivided without difficulty;
(6) is subject to any interest of another person whichinterest is exempt from forfeiture under this act; or
(7) is exempt from forfeiture due to a constitutional orstatutory provision.
(b) In addition to any other remedy provided for by law, if aforfeiture lien or notice of pending forfeiture has been filed andnotice given pursuant to K.S.A. 60-4109, or if a complaintalleging conduct giving rise to forfeiture has been filed andnotice given pursuant to such K.S.A. 60-4109 or other applicable rule ofcivil procedure, the plaintiff's attorney may institute an actionin the district court against any person with notice or actualknowledge who destroys, conveys, alienates, encumbers, furtherencumbers, disposes of, purchases, receives, removes from thejurisdiction of the court, conceals, or otherwise rendersunavailable for forfeiture property alleged to be subject toforfeiture in the forfeiture lien, notice of pending forfeiture, orcomplaint. In such case, the court shall enter a final judgment inan amount equal to the value of the lien not to exceed the fairmarket value of the property, or, if the property is alleged to besubject to forfeiture, in an amount equal to the fair market valueof the property, together with reasonable investigative expensesand attorney fees. If a civil proceeding under this act ispending in court, the action shall be heard by such court.
