TITLE 37

FOOD, DRUGS, AND OIL

CHAPTER 28

CRIMINAL FORFEITURES

37-2813.  Disposition of property. On the motion of a party and after notice to any persons who are known to have an interest in the property and an opportunity to be heard, the court may order property that has been seized for forfeiture sold, leased, rented or operated to satisfy an interest of any interest holder who has timely filed a proper claim or to preserve the interests of any party. The court may order a sale or any other disposition of the property if the property may perish, waste, be foreclosed on or otherwise be significantly reduced in value or if the expenses of maintaining the property are or will become greater than its fair market value. If the court orders a sale, the court shall designate a third party or state property manager to dispose of the property by public sale or other commercially reasonable method and shall distribute the proceeds in the following order of priority:

(1)  Payment of reasonable expenses incurred in connection with the sale.

(2)  Satisfaction of exempt interests in the order of their priority.

(3)  Preservation of the balance, if any, in the actual or constructive custody of the court in an interest-bearing account, subject to further proceedings under this chapter.

When property is forfeited under this chapter, the attorney general or appropriate prosecuting attorney, may:

(1)  Retain it for official use; and/or

(2)  Sell that which is not required to be destroyed by law and which is not harmful to the public, pursuant to section 37-2807 or 37-2808, Idaho Code.

History:

[37-2813, added 1996, ch. 230, sec. 1, p. 756.]