§ 16-13-506 — Final order - disposition of property

(1) If the prosecution
prevails in the forfeiture action, the court shall order the property forfeited and
perfect the state's right and interest in and title to such property. The court shall
also order such property to be sold at public sale by the law enforcement agency in
possession of the property in the manner provided for sales on execution or in
another commercially reasonable manner. The proceeds of sale shall be applied in
the manner and priority enumerated in section 16-13-311. The order for sale shall
perfect the state's right and interest in and title to the property and shall relate
back to the date when title to the property vested in the state pursuant to section
16-13-316.

(2) In the event that the seizing agency is a state agency, proceeds allocated
to such agency pursuant to subsection (1) of this section shall be distributed
directly to said state agency.

(3) It is the intent of the general assembly that moneys allocated to a seizing
agency pursuant to subsection (1) of this section shall not be considered a source of
revenue to meet normal operating needs.

(4) If more than one seizing agency was substantially involved in effecting
the forfeiture, the agencies shall enter into a stipulation with regard to costs
incurred by the agencies and the percentage of any remaining proceeds which shall
be deposited for the benefit of the agencies, and, upon filing such stipulation with
the court, the court shall order the proceeds so distributed. If the agencies are
unable to reach an agreement, the court shall take testimony and equitably
distribute the proceeds according to the formula set out in subsection (1) of this
section.

(4.5) If the court finds that a vehicle or personal property forfeited pursuant
to this part 5 can be used for law enforcement purposes by a seizing agency, the
court shall order that the vehicle or personal property be delivered to the agency
instead of sold. If more than one seizing agency was substantially involved in
effecting the forfeiture, the priority for receiving such vehicle or personal property
shall be established by stipulation pursuant to subsection (4) of this section.

(5) Any forfeited money or currency shall be in addition to the proceeds
obtained from sale of forfeited personalty and shall be equitably distributed
pursuant to subsection (1) of this section.

(6) Upon the sale of any vehicle, the state shall issue a certificate of title to
the purchaser thereof.

(7) In any order issued by the court pursuant to subsections (1) and (4) of this
section, the court shall only order the amounts to be distributed and to whom, and
the courts shall not have the power to dictate the use for which the moneys are to
be appropriated, employed, received, or expended by the seizing agency or injured
person.

(8) (a) (Deleted by amendment, L. 92, p. 450, � 5, effective July 1, 1992.)

(b) Repealed.

Legislative History

Source: L. 84: Entire part added, p. 507, � 1, effective July 1. L. 87: IP(1) amended, (1)(c)(I) R&RE, and (1)(c)(I.5) and (4.5) added, p. 643, �� 20, 21, 22, effective July 1. L. 92: (8) amended, p. 450, � 5, effective July 1. L. 95: (1)(c) amended, p. 872, � 6, effective May 24. L. 98: (8)(b) repealed, p. 726, � 5, effective May 18. L. 2002: (1) amended, p. 928, � 11, effective July 1. L. 2003: (1) amended, p. 906, � 18, effective July 1.