Utah § 77-11a-302 Return of seized property to claimant by surety bond or cash.

Utah Statutes

§ 77-11a-302 — Return of seized property to claimant by surety bond or cash.

Utah § 77-11a-302

Title 77Utah Code of Criminal Procedure

Ch. 77-11aSeizure of Property and Contraband

Part 77-11a-3Return of Seized Property to Claimant

This text of Utah § 77-11a-302 (Return of seized property to claimant by surety bond or cash.) is published on Counsel Stack Legal Research, covering Utah primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Utah Code Ann. § 77-11a-302 (2026).

Text

(1)Except as provided in Subsection (2), a claimant may obtain the return of seized property by posting a surety bond or cash with the court that is in an amount equal to the current fair market value of the property as determined by the court or a stipulation by the parties.

(2)A court may refuse to order the return of property under Subsection (1) if:

(2)(a) the bond tendered for the property is inadequate;

(2)(b) the property is subject to the retention or preservation requirements under Chapter 11c, Retention of Evidence;

(2)(c) the property is particularly altered or designed for use in the commission of the offense subjecting the property to forfeiture under Section 77-11b-102; or

(2)(d) the property is contraband.

(3)If a surety bond or cash is posted and the court later determin

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(1) Except as provided in Subsection (2), a claimant may obtain the return of seized property by posting a surety bond or cash with the court that is in an amount equal to the current fair market value of the property as determined by the court or a stipulation by the parties.
(2) A court may refuse to order the return of property under Subsection (1) if:
(2)(a) the bond tendered for the property is inadequate;
(2)(b) the property is subject to the retention or preservation requirements under Chapter 11c, Retention of Evidence;
(2)(c) the property is particularly altered or designed for use in the commission of the offense subjecting the property to forfeiture under Section 77-11b-102; or
(2)(d) the property is contraband.
(3) If a surety bond or cash is posted and the court later determines that the property is forfeited, the court shall order the forfeiture of the surety bond or cash in lieu of the property.