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5-5-304. Disposition of forfeited property.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-5-304. Disposition of forfeited property.
(a) Subject to the provisions of subsection (c) of this section, if property forfeited pursuant to § 5-5-302 is harmful to the public health or is required by law to be destroyed, the law enforcement agency to which the property is forfeited shall:
(1) Require the sheriff of the county to take custody of the property and remove it to any appropriate location for disposition in accordance with law; or
(2) Forward the property to the Department of Arkansas State Police for disposition.
(b) Subject to the provisions of subsection (c) of this section, if property forfeited pursuant to § 5-5-302 is not harmful to the public health and is not required by law to be destroyed, the law enforcement agency to which the property is forfeited shall:
(1) Sell the property in accordance with subsection (d) of this section; or
(2) Retain the property for official use if the property is not subject to a lien that has been preserved by the circuit court.
(c) If the property is a controlled substance, the law enforcement agency to which the property is forfeited shall transfer it to the Drug Enforcement Administration of the United States Department of Justice or the Department of Health for disposition or destruction.
(d)(1) If a law enforcement agency desires to sell property forfeited to it pursuant to § 5-5-302, the law enforcement agency shall first cause notice of the sale to be made by publication at least two (2) times a week for two (2) consecutive weeks in a newspaper having general circulation in the county and sending a copy of the notice of the sale by certified mail, return receipt requested, to any person having ownership of or a security interest in the property or in the manner provided in Rule 4 of the Arkansas
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-5-304
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:5-5-304
Source file: gov.ar.code.title.05.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 5b7cc21158ffe0da621934073a79195f8827c2e7e79899819acbd738d7996e7e
Source location: content.xml paragraph 7472
Stored source content
5-5-304. Disposition of forfeited property.
(a) Subject to the provisions of subsection (c) of this section, if property forfeited pursuant to § 5-5-302 is harmful to the public health or is required by law to be destroyed, the law enforcement agency to which the property is forfeited shall:
(1) Require the sheriff of the county to take custody of the property and remove it to any appropriate location for disposition in accordance with law; or
(2) Forward the property to the Department of Arkansas State Police for disposition.
(b) Subject to the provisions of subsection (c) of this section, if property forfeited pursuant to § 5-5-302 is not harmful to the public health and is not required by law to be destroyed, the law enforcement agency to which the property is forfeited shall:
(1) Sell the property in accordance with subsection (d) of this section; or
(2) Retain the property for official use if the property is not subject to a lien that has been preserved by the circuit court.
(c) If the property is a controlled substance, the law enforcement agency to which the property is forfeited shall transfer it to the Drug Enforcement Administration of the United States Department of Justice or the Department of Health for disposition or destruction.
(d)(1) If a law enforcement agency desires to sell property forfeited to it pursuant to § 5-5-302, the law enforcement agency shall first cause notice of the sale to be made by publication at least two (2) times a week for two (2) consecutive weeks in a newspaper having general circulation in the county and sending a copy of the notice of the sale by certified mail, return receipt requested, to any person having ownership of or a security interest in the property 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.
(2) The notice of the sale shall include the time, place, and conditions of the sale and a description of the property to be sold.
(3) The property shall then be disposed of at public auction to the highest bidder for cash without appraisal.
Cross-references
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Arkansas Code — all titles (historical 2020) · legal_authorities
4-1-101. Short titles.
(a) This subtitle may be cited as the Uniform Commercial Code.
(b) This chapter may be cited as Uniform Commercial Code — General Provisions.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 4-1-101
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 4-1-101. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-5-302. Property subject to forfeiture.
(a) The following property is subject to forfeiture pursuant to this subchapter:
(1) Contraband property used or intended to be used in the commission of theft of livestock;
(2) The proceeds gained from the commission of theft of livestock;
(3) Personal property acquired with proceeds gained from the commission of theft of livestock;
(4)(A) Any conveyance, including an aircraft, vessel, vehicle, or horse that is used or intended for use to transport or in any manner to facilitate the transportation for the purpose of the commission of theft of livestock.
(B) No conveyance used by any person as a common carrier in the transportation of business as a common carrier is subject to forfeiture under this section 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 subchapter.
(C) No conveyance is subject to forfeiture under this section by reason of any act or omission established by the owner of the conveyance to have been committed or omitted without the owner's knowledge or consent.
(D) A forfeiture of a conveyance encumbered by a bona fide security interest is subject to the bona fide security interest of the secured party;
(5) Any book, record, or research product or material including microfilm, tape, or data that is used or intended for use in the theft of livestock; and
(6)(A)(i) Anything of value furnished or intended to be furnished or traded or used as payment or invested for anything of value in return for the commission of the theft of livestock.
(ii) However, subdivision (a)(6)(A)(i) of this section does not include real property.
(B) It may be presumed that property described in subdivision (a)(6)(A)(i) of this section w
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-5-302
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 5-5-302. This identifies an authority to review, not proof of applicability.