2014 Kentucky Revised Statutes CHAPTER 244 - ALCOHOLIC BEVERAGES -- PROHIBITIONS, RESTRICTIONS, AND REGULATIONS 244.200 Rights of owner or lienor as to contraband -- Disposition of contraband.
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244.200 Rights of owner or lienor as to contraband -- Disposition of
contraband.
(1)
(2)
(3)
(4)
(5)
Contraband property included in subsection (6) of KRS 244.180 shall be
subject to the right of any owner or lienor, whose lien is valid and of record, to
intervene and establish his rights in the property by proving that the property
was being used in connection with traffic in alcoholic beverages without the
knowledge, consent or approval of the owner or lienor. If the owner of the
property does so prove, the court shall order the property restored to him. If the
lienor so proves, the court shall order a sale of the property at public auction,
unless an agreement is made between the lienor and the board, which shall
not become final until it has been approved by the court. The board may deliver
any property found to be contraband to a lienor whose claim has been
established by order of a court of competent jurisdiction, upon payment to the
board of the difference between the fair market value of the property so seized
and the recorded claim of the lienor.
Where an agreement has been made between the lienor and the board and
approved by the court, a public auction shall not be required. If an agreement is
not entered into between the board and the lienor or approved by the court,
and a public auction is required to be held, the public auction shall be
conducted by the sheriff of the county in which the property is seized. The
sheriff shall receive and be allowed the same fees as allowed for sales under
execution.
The expenses of keeping and selling such property, and the amount of all valid
recorded liens that are established by intervention as being bona fide, shall be
paid out of the proceeds of the sales, whether they are private or public. The
balance shall be paid into the State Treasury and be credited to the general
fund.
If the defendant is acquitted, no property seized as contraband in connection
with the arrest of the defendant shall be ordered returned or restored unless
the person from whose possession the property was taken proves that he was
in lawful possession of the property, and if no other person appears and proves
that he owns the property or has a valid recorded lien on the property and that
the property was being used without his knowledge and consent, title shall vest
in the board at the end of ninety (90) days.
If the owners or lienholders of any contraband seized by state administrators or
field representatives of the department or turned over to the department by
other officials, cannot be located within ninety (90) days, and during that time
fail to appear and claim the contraband, or if the owner or lienholder appears
and agrees, title to the contraband shall immediately vest in the board, in which
event it may sell the contraband at a private sale.
Effective:July 15, 2010
History: Amended 2010 Ky. Acts ch. 24, sec. 593, effective July 15, 2010. -Amended 1984 Ky. Acts ch. 132, sec. 5, effective July 13, 1984. -- Recodified
1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat.
sec. 2554b-151.
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