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Utah Code
2021 Utah Code
Title 24 - Forfeiture and Disposition of Property Act
Chapter 4 - Forfeiture of Seized Property
Section 103.3 - Sale of seized property.
Universal Citation:
UT Code § 24-4-103.3 (2021)
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Effective 5/5/2021
24-4-103.3. Sale of seized property.
Enacted by Chapter 230, 2021 General Session
24-4-103.3. Sale of seized property.
- (1)
- (a) Subject to Subsection (2), the court may order seized property, for which a forfeiture proceeding is pending, to:
- (i) be sold, leased, rented, or operated to satisfy a specified interest of any claimant; or
- (ii) preserve the interests of any party on motion of that party.
- (b) The court may enter an order under Subsection (1)(a) after:
- (i) written notice to any person known to have an interest in the property has been given; and
- (ii) an opportunity for a hearing for any person known to have an interest in the property has occurred.
- (a) Subject to Subsection (2), the court may order seized property, for which a forfeiture proceeding is pending, to:
- (2)
- (a) A court may order a sale of property under Subsection (1) when:
- (i) the property is liable to perish, waste, or be significantly reduced in value; or
- (ii) the expenses of maintaining the property are disproportionate to the property's value.
- (b) A third party designated by the court shall:
- (i) dispose of the property by a commercially reasonable public sale; and
- (ii) distribute the proceeds in the following order of priority:
- (A) first, for the payment of reasonable expenses incurred in connection with the sale;
- (B) second, for the satisfaction of an interest, including an interest of an interest holder, in the order of an interest holder's priority as determined by Title 70A, Uniform Commercial Code; and
- (C) third, any balance of the proceeds shall be preserved in the actual or constructive custody of the court, in an interest-bearing account, subject to further proceedings under this chapter.
- (a) A court may order a sale of property under Subsection (1) when:
Enacted by Chapter 230, 2021 General Session
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