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17-50-407. Application of proceeds from sale.
Arkansas Code — all titles (historical 2020) · legal_authorities
17-50-407. Application of proceeds from sale.
(a) The proceeds of any sale under § 17-50-406 shall be applied as follows:
(1) To payment of the balance due on any lien preserved by the court in the forfeiture proceedings;
(2) To payment of the costs incurred by the seizing agency in connection with the storage, maintenance, security, and forfeiture of the property;
(3) To payment of the costs incurred by the court;
(4) To payment of the costs incurred by the prosecuting attorney or attorney for the law enforcement agency to which the property is forfeited or to the Commission on Water Well Construction in investigating and developing the case; and
(5) The remaining proceeds shall be equally divided between the commission to be used in furtherance of the commission's activities and the law enforcement agency to which the property is forfeited.
(b) If more than one (1) law enforcement agency is substantially involved in effecting a forfeiture under § 17-50-404, the circuit court having jurisdiction over the forfeiture proceeding shall equitably distribute the law enforcement agency portion of the property among the law enforcement agencies.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 17-50-407
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:17-50-407
Source file: gov.ar.code.title.17.odt
Pages: Not recorded – Not recorded
Passage SHA-256: ef49368f47c068896cc8cf3cb341725b9b5a442e15d359f5fea752f1a6fc8cc0
Source location: content.xml paragraph 18063
Stored source content
17-50-407. Application of proceeds from sale.
(a) The proceeds of any sale under § 17-50-406 shall be applied as follows:
(1) To payment of the balance due on any lien preserved by the court in the forfeiture proceedings;
(2) To payment of the costs incurred by the seizing agency in connection with the storage, maintenance, security, and forfeiture of the property;
(3) To payment of the costs incurred by the court;
(4) To payment of the costs incurred by the prosecuting attorney or attorney for the law enforcement agency to which the property is forfeited or to the Commission on Water Well Construction in investigating and developing the case; and
(5) The remaining proceeds shall be equally divided between the commission to be used in furtherance of the commission's activities and the law enforcement agency to which the property is forfeited.
(b) If more than one (1) law enforcement agency is substantially involved in effecting a forfeiture under § 17-50-404, the circuit court having jurisdiction over the forfeiture proceeding shall equitably distribute the law enforcement agency portion of the property among the law enforcement agencies.
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Arkansas Code — all titles (historical 2020) · legal_authorities
17-50-404. Property subject to forfeiture.
The following are subject to forfeiture upon the initiation of a civil proceeding filed by the prosecuting attorney and when so ordered by the circuit court in accordance with this subchapter:
(1) Contraband property used or intended to be used in violation of § 17-50-104;
(2) The proceeds gained from a violation of § 17-50-104;
(3) Personal property acquired with proceeds gained from a violation of § 17-50-104;
(4)(A) All conveyances, including vehicles and rigs, that are used or intended for use to facilitate a violation of § 17-50-104.
(B) No conveyance used as a common carrier by any person in business as a common carrier is subject to forfeiture unless it appears that the owner or other person in charge of the conveyance is a consenting party or privy to a violation of this chapter.
(C) No conveyance is subject to forfeiture under this subchapter by reason of any act or omission established by the owners to have been committed or omitted without the owners' knowledge or consent.
(D) A forfeiture of a conveyance encumbered by a bona fide security interest is subject to the interest of the secured party or parties;
(5) All materials including pumping equipment, casing, piping, motors, and other equipment used or intended for use in violation of § 17-50-104;
(6)(A) Everything of value furnished or intended to be furnished in exchange for a violation of § 17-50-104 or all profits, proceeds, or property, excluding real property, traceable to such an exchange.
(B) It may be presumed that the property described in subdivision (6)(A) of this section was acquired with proceeds gained from a violation of § 17-50-104 and is subject to forfeiture; and
(7) Property used in a violation of § 17-50-104 that has titl
Source: Arkansas Code — historical release 78 (November 6, 2020) · 17-50-404
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 17-50-404. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
17-50-406. Sale of forfeited property.
If a law enforcement agency desires to sell property forfeited to it under § 17-50-404, the law enforcement agency shall:
(1) Publish at least two (2) times a week for two (2) consecutive weeks in a newspaper having general circulation in the county notice of the sale, including the time, place, conditions of the sale, and a description of the property to be sold;
(2) Send a copy of the notice of the sale to each person having ownership of or a security interest in the property by certified mail, return receipt requested, or in the manner provided in Rule 4 of the Arkansas Rules of Civil Procedure if:
(A) The property is of a type for which title or registration is required by law;
(B) The owner of the property is known in fact to the law enforcement agency at the time of seizure; or
(C) The property is subject to a security interest perfected in accordance with the Uniform Commercial Code, § 4-1-101 et seq.; and
(3) Dispose of the property at public auction to the highest bidder for cash without appraisal.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 17-50-406
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 17-50-406. This identifies an authority to review, not proof of applicability.