218A.460 Jurisdiction -- Ancillary hearing -- Application of forfeiture procedures.
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Jurisdiction in all forfeiture proceedings shall vest in the court where the conviction
occurred regardless of the value of property subject to forfeiture.
Following conviction of a defendant for any violation of this chapter, the court shall
conduct an ancillary hearing to forfeit property if requested by any party other than
the defendant or Commonwealth. The Commonwealth's attorney, or county attorney
if the proceeding is in District Court, shall initiate the hearing by filing a motion
requesting entry of a final order of forfeiture upon proof that the property was being
used in violation of the provisions of this chapter. The final order of forfeiture by
the court shall perfect in the Commonwealth or appropriate law enforcement
agency, as provided in KRS 218A.420, right, title, and interest in and to the
property. The Commonwealth may transfer any real property so forfeited by deed of
general warranty.
If the property subject to forfeiture is of a type for which title or registration is
required by law, or if the owner of the property is known in fact to the
Commonwealth at the time of the hearing, or if the property is subject to a perfected
security interest in accordance with the Uniform Commercial Code, KRS Chapter
355, the attorney representing the Commonwealth shall give notice of the ancillary
hearing by registered mail, return receipt requested, to each person having such
interest in the property, and shall publish notice of the forfeiture once each week for
two (2) consecutive weeks in a newspaper of general circulation as defined in KRS
Chapter 424 in the county where the forfeiture proceedings will occur. The notice
shall be mailed and first published at least four (4) weeks prior to the ancillary
hearing and shall describe the property; state the county, place, and date of seizure;
state the name of the law enforcement agency holding the seized property; and state
the name of the court in which the ancillary hearing will be held and the date of the
hearing. However, the Commonwealth shall be obligated only to make a diligent
search and inquiry as to the owner of subject property; and if, after diligent search
and inquiry, the Commonwealth is unable to ascertain the owner, the actual notice
requirements by mail shall not be applicable.
Unless otherwise expressly provided in KRS 218A.410, the burden shall be upon
claimant to property to prove by preponderance of the evidence that it is not subject
to forfeiture. Any claimant other than a person who holds title or registration to the
property or who has a perfected security interest in the property shall be required to
post a bond equivalent to ten percent (10%) of the appraised value of the property
with the clerk of the court before being allowed to litigate the claim. The bond shall
offset the costs of litigation incurred by the Commonwealth. A claimant may
proceed in forma pauperis with leave of court upon sworn petition subject to the
applicable rules and subject to the provisions of law concerning perjury.
The procedures for forfeiture proceedings as established in KRS 218A.405 to
218A.460 shall apply to any property subject to forfeiture which is pending as of
July 13, 1990.
Effective: June 26, 2007
History: Amended 2007 Ky. Acts ch. 124, sec. 16, effective June 26, 2007. -- Created
1990 Ky. Acts ch. 445, sec. 9, effective July 13, 1990.
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