§ 16-13-316 — Prior liens not subject to forfeiture - vesting of title

Colorado § 16-13-316

• Jurisdiction: Colorado
• Title 16: Criminal
• Art.: Special Proceedings

Text

(1) Nothing
in this part 3 shall be construed in such manner as to destroy the validity of a bona
fide lien upon real or personal property appearing of record prior to the seizure of
personal property, prior to the filing of a notice of seizure, as provided in subsection
(3) of this section, prior to the filing of a notice of lis pendens on real property, or
prior to actual or constructive notice to the lienholder of the state's potential claim
of public nuisance.

(2) Title to real or personal property subject to forfeiture pursuant to the
provisions of this section shall vest in the state and the seizing agency at the
earliest of: For currency, the time of the commission of the public nuisance act; the
time of the physical seizure of said property, except for real property; the time of
filing of a notice of seizure, as provided in subsection (3) of this section; the time of
the filing of a notice of lis pendens on real property; or the time of the issuance of
court process for seizure of property, as against anyone with prior actual notice
thereof.

(3) Before or after the commencement of litigation regarding a vehicle or
real property for which seizure or forfeiture is sought, the prosecuting attorney or
seizing agency shall file a notice of seizure with the office of the clerk and recorder
in the county where the property is located. A notice of seizure for real property
shall expire within seventy days after filing unless an action is filed in court for
abatement or forfeiture, under this part 3 or other applicable law. A notice of
seizure shall contain: A description of the property for which seizure or forfeiture is
being sought, including the street address and legal description for real property
and the make, model, year, license number, and vehicle identification number for a
vehicle; the date and location of the seizure if the property has already been seized;
the identity of the seizing agency and prosecuting attorney; and the name of any
person who is an owner of record or registered owner of the property or who is
known to have, or who has asserted an interest in, the property. The notice of
seizure shall also contain a statement giving notice that seizure or forfeiture of the
property may be sought pursuant to this part 3, or other applicable law, and that
any interest acquired in the property after the filing of the notice of the seizure will
be subject to the forfeiture action in the event the property is forfeited.

Legislative History

Source: L. 73: p. 508, � 1. C.R.S. 1963: � 39-13-316. L. 87: Entire section amended, p. 638, � 12, effective July 1. L. 2003: Entire section amended, p. 905, � 17, effective July 1.