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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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