Real property subject to forfeiture due to illegal drug-related activities – Procedure

(a) Ask a legal question, get an answer ASAP!(1) The following real property shall be subject to forfeiture to the state and no property right shall exist in the property: (A) All real property, including any right, title and interest in the whole of or any part of any lot or tract of land and any appurtenances or improvements that is used in any manner or part either to commit a violation of § 39-17-417(i) or (j), or in the commission of three (3) or more acts occurring on three (3) or more separate days within a sixty-day period, and each act results in a felony conviction under title 39, chapter 17, part 4; and (B) Any real property, including any right, title and interest in the whole of or any part of any lot or tract of land and any appurtenances or improvements that is acquired with the proceeds of a violation of title 39, chapter 17, part 4, constituting a felony, shall be subject to forfeiture and no property right shall exist in the property. (2) No interest in real property shall be forfeited under this section, unless the holder is convicted of a crime or crimes described in subdivision (a)(1)(A) or (a)(1)(B), subject to subsection (d). (b) Upon the entry of an order of forfeiture in favor of the state, the title of the state to the forfeited property shall relate back to the date of filing of the notice of lis pendens in the office of the register of deeds of the county in which the property or the beneficial interest is located. (c) (1) When a lis pendens is filed concerning property pursuant to this section, a forfeiture proceeding shall be instituted within sixty (60) days in the circuit or chancery court of the county where the property is located. (2) The complaint shall state a deed description of the property to be forfeited and the reasons for forfeiture under this section. (3) The complaint shall also name as defendants all persons having an interest in the property as reflected in public records. (4) The rules of civil procedure shall apply to proceedings under this section, and any named defendant may demand a jury trial in the appropriate circuit or chancery court. (d) (1) (A) The district attorney general for the judicial district in which the real property lies or the attorney general and reporter shall institute all civil proceedings under this section. (B) The district attorney general or the attorney general and reporter shall, prior to the filing or concurrent to the filing of a civil forfeiture suit, file a lis pendens in the county where the real property is located to assert an interest of record on behalf of the state in the real property subject to this section. (C) The failure of the district attorney general or attorney general and reporter to file a lien lis pendens shall not raise any defense on the part of any party named in the civil suit. (D) In any action brought under this section, the circuit or chancery court shall proceed as soon as practicable to the hearing and determination. (E) The state shall have the burden of proving beyond a reasonable doubt that the property was used in a manner making it subject to forfeiture or was acquired with proceeds that make it subject to forfeiture under this section. Failure to carry the burden of proof shall operate as a bar to any forfeiture under this section. (2) (A) In order to obtain a forfeiture of a holder’s interest in real property, the state must establish: (i) The prior conviction or convictions of the holder; or (ii) If an entity other than a natural person, the conviction or convictions of the holder’s officer, employee or agent. (B) If the holder’s officer, employee or agent, but not the holder, has been convicted, then the state shall also have the burden to establish beyond a reasonable doubt the additional requirements in subdivision (d)(3), for forfeiture of the holder’s interest. (3) The interest of a holder, if an entity other than a natural person, shall be subject to forfeiture if any of the following have been convicted: (A) The holder of the interest; or (B) The holder’s officer, employee or agent, if: (i) The conviction is based on acts by the person in the course of and within the scope of the person’s employment; and (ii) The holder knew, or had reason to know from information in the holder’s possession, other than through its convicted officer, employee or agent, of the criminal nature of the acts. (e) (1) (A) The filing of an indictment, presentment or information alleging a violation of title 39, chapter 17, part 4 that is also related to a civil forfeiture proceeding under this section, shall stay the civil forfeiture proceeding. (B) The stay shall cease upon the termination of the trial of any criminal proceedings related to the forfeiture sought under this section. (C) Upon motion of the state and for good cause shown, the district attorney general or the attorney general and reporter may obtain an order that removes the stay from the court in which the forfeiture proceeding is pending. (2)