TCA 40-33-211
Property disposition
FELONYFelony
What does this charge mean?
After forfeiture is determined, the court orders disposition of the property — typically sale at public auction, with proceeds going to law enforcement and the state.
Penalty Details
ClassificationFelony
Penalty SummaryFelony
(a) (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.Contract: A legal written agreement that becomes binding when signed.County mayor: means and includes "county executive" unless the context clearly indicates otherwise. See Tennessee Code 1-3-105Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCCPerson: includes a corporation, firm, company or association. See Tennessee Code 1-3-105Personal property: All property that is not real property.Personal property: includes money, goods, chattels, things in action, and evidences of debt. See Tennessee Code 1-3-105Property: includes both personal and real property. See Tennessee Code 1-3-105Secured party: means the holder of a security interest in the seized property acquired in the ordinary course of business within the meaning of §. See Tennessee Code 40-33-202State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105Trustee: A person or institution holding and administering property in trust.Year: means a calendar year, unless otherwise expressed. See Tennessee Code 1-3-105(1) The proceeds from all seizures, confiscations and sales made by a state agency pursuant to § 39-14-307, § 47-25-1105, § 53-11-451, § 55-10-414, § 57-3-411, § 57-5-409, § 57-9-201, § 67-4-1020 or § 70-6-202, shall be transmitted to the state treasurer and deposited in the state treasury. All the seizures, confiscations and sales made by county or municipal law enforcement personnel shall be paid to the county trustee or city recorder, respectively, and shall be used exclusively for the benefit of the seizing county or municipality for law enforcement or drug education purposes. All such seizures, confiscations and sales derived from the activities of a judicial district drug task force shall be paid to an expendable trust fund maintained by the county mayor in a county designated by the district attorney general, and shall be used exclusively in a drug enforcement or drug education program of the district as directed by the board of directors of the judicial district drug task force. If any other provision of law requires that the proceeds from seizures, confiscations and sales made under one (1) of the sections set out in this subsection (a) be deposited in a special fund, the provisions of that other provision shall control. (2) The comptroller’s regular audit of a local government shall also include how proceeds derived from forfeited assets are used by county or municipal law enforcement or by a judicial district drug task force. The comptroller of the treasury shall provide information obtained during an audit pursuant to this subdivision (a)(2) to the department for publication on the department’s website in accordance with § 40-33-216(c). (b) Funds derived from seizures, confiscations and sales shall not be used to supplement the salaries of any public employee or law enforcement officer. All purchases made from the proceeds shall be made in accordance with existing purchasing statutes, including private acts, which establish purchasing provisions or requirements for the county or municipality. (c) Notwithstanding the provisions of subsections (a) and (b) to the contrary, the revenue derived from the sale of vehicles forfeited under the authority of § 55-50-504(g) shall be distributed as follows: (1) The revenue shall be retained by the entity, either the state or local government, which was responsible for the seizure. The revenue shall be used during each fiscal year to compensate the entity for reasonable and direct expenses involved in the confiscation, towing, storage, and sale of the forfeited vehicles. All expenses claimed by the entity shall be subject to audit and review by the comptroller of the treasury for the purpose of determining that expenses claimed by the entity are direct and reasonable; (2) (A) Any remaining revenue shall be transmitted to the department of mental health and substance abuse services no later than June 30 of each fiscal year. This revenue shall be placed in a special fund to be known as the “alcohol and drug addiction treatment fund” and shall be available for use after July 1, 1998, to pay the cost of alcohol and drug addictio
View on official sourceLast verified: Feb 25, 2026
Quick Facts
FELONY
TCA Section40-33-211