State Codes and Statutes

State Codes and Statutes

Statutes > Mississippi > Title-49 > 15 > 49-15-207

§ 49-15-207. Administrative forfeiture procedure for property with value not exceeding certain threshold.
 

(1)  When any property the value of which does not exceed Five Thousand Dollars ($5,000.00), is seized pursuant to Section 49-15-21 or 59-21-33, Mississippi Code of 1972, the property may be forfeited by the administrative forfeiture procedures provided for in this section. 

(2)  The attorney for the seizing law enforcement agency shall provide notice of intention to forfeit the seized property administratively, by certified mail, return receipt requested, to all persons who are required to be notified pursuant to Section 49-15-201(2). 

(3)  If the notice of intention to forfeit the seized property administratively cannot be given as provided in subsection (2) of this section because of refusal, failure to claim, insufficient address or any other reason, the attorney for the seizing law enforcement agency shall provide notice by publication in a newspaper of general circulation in the county in which the seizure occurred for once a week for three (3) consecutive weeks. 

(4)  Notice pursuant to subsections (2) and (3) of this section shall include the following information: 

(a) A description of the property; 

(b) The approximate value of the property; 

(c) The date and place of the seizure; 

(d) The connection between the property and the violation of the laws under the jurisdiction of the Department of Marine Resources; 

(e) The instructions for filing a request for judicial review; and 

(f) A statement that the property will be forfeited to the seizing law enforcement agency if a request for judicial review is not timely filed. 

(5)  Persons claiming an interest in the seized property may initiate judicial review of the seizure and proposed forfeiture by filing a request for judicial review with the attorney for the seizing law enforcement agency, within thirty (30) days after receipt of the certified letter or within thirty (30) days after the first publication of notice, whichever is applicable. 

(6)  If no request for judicial review is timely filed, the attorney for the seizing law enforcement agency shall prepare a written declaration of forfeiture of the subject property and the forfeited property shall be used, distributed or disposed of in accordance with the provisions of Section 49-15-205. 

(7)  Upon receipt of a timely request for judicial review, the attorney for the seizing law enforcement agency shall promptly file a petition for forfeiture and proceed as provided in Section 49-15-201. 
 

Sources: Laws, 2002, ch. 340, § 4, eff from and after July 1, 2002.