(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.
In the event that the seizing agency is a state agency, proceeds allocated to suchagency pursuant to subsection (1) of this section shall be distributed directly to said state agency.
It is the intent of the general assembly that moneys allocated to a seizing agencypursuant to subsection (1) of this section shall not be considered a source of revenue to meet normal operating needs.
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.
Any forfeited money or currency shall be in addition to the proceeds obtained fromsale of forfeited personalty and shall be equitably distributed pursuant to subsection (1) of this section.
Upon the sale of any vehicle, the state shall issue a certificate of title to the purchaserthereof.
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.
(a) (Deleted by amendment, L. 92, p. 450, § 5, effective July 1, 1992.) (b) Repealed.
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.
Cross references: For provisions on reporting and disposition of forfeited property, see part 7 of this article 13.