US Laws, Codes, Statutes & Cases

                                  TITLE  37
                             FOOD, DRUGS, AND OIL
                                  CHAPTER 28
                             CRIMINAL FORFEITURES
    37-2813.  DISPOSITION OF PROPERTY. On the motion of a party and after
notice to any persons who are known to have an interest in the property and an
opportunity to be heard, the court may order property that has been seized for
forfeiture sold, leased, rented or operated to satisfy an interest of any
interest holder who has timely filed a proper claim or to preserve the
interests of any party. The court may order a sale or any other disposition of
the property if the property may perish, waste, be foreclosed on or otherwise
be significantly reduced in value or if the expenses of maintaining the
property are or will become greater than its fair market value. If the court
orders a sale, the court shall designate a third party or state property
manager to dispose of the property by public sale or other commercially
reasonable method and shall distribute the proceeds in the following order of
priority:
    (1)  Payment of reasonable expenses incurred in connection with the sale.
    (2)  Satisfaction of exempt interests in the order of their priority.
    (3)  Preservation of the balance, if any, in the actual or constructive
custody of the court in an interest-bearing account, subject to further
proceedings under this chapter.
    When property is forfeited under this chapter, the attorney general or
appropriate prosecuting attorney, may:
    (1)  Retain it for official use; and/or
    (2)  Sell that which is not required to be destroyed by law and which is
not harmful to the public, pursuant to section 37-2807 or 37-2808, Idaho Code.