244.200 Rights of owner or lienor as to contraband -- Disposition of
501 words·~2 min read·
/ky/244-200A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
contraband.
(1)Contraband property included in subsection KRS 244.180(5) shall be subject to
the right of any owner or lienor, whose lien is valid and of record, to intervene
and establish the owner or lienor's rights in the property by proving that the
property was being used in connection with traffic in alcoholic beverages
without the knowledge, consent, or approval of the owner or lienor.
(a)If the owner of the property proves the owner's lack of knowledge,
consent, or approval, the court shall order the property restored to the
owner; or
(b)If the lienor proves the lienor's lack of knowledge, consent, or approval,
the court shall order a sale of the property at public auction, unless an
agreement is made between the lienor and the board, which shall not
become final until it has been approved by the court. The board may
deliver any property found to be contraband to a lienor whose claim has
been established by order of a court of competent jurisdiction, upon
payment to the board of the difference between the fair market value of
the seized property and the recorded claim of the lienor.
(2)Where an agreement has been made between the lienor and the board and
approved by the court, a public auction shall not be required. If an agreement is
not entered into between the board and the lienor or approved by the court,
and a public auction is required, the public auction shall be conducted by the
sheriff of the county in which the property is seized. The sheriff shall receive
and be allowed the same fees as allowed for sales under execution.
(3)The expenses of keeping and selling the property, and the amount of all valid
recorded liens that are established by intervention as being bona fide, shall be
paid out of the proceeds of the sales, whether they are private or public. The
balance shall be paid into the State Treasury and be credited to the general
fund.
(4)If the defendant is acquitted, no property seized as contraband in connection
with the arrest of the defendant shall be ordered returned or restored unless
the person from whose possession the property was taken proves that the
person was in lawful possession of the property, and if no other person
appears and proves that the other person owns the property or has a valid
recorded lien on the property and that the property was being used without that
person's knowledge and consent, title shall vest in the board at the end of
ninety
(90)days.
(5)If the owners or lienholders of any contraband seized by state administrators or
investigators of the department or turned over to the department by other
officials, cannot be located within ninety
(90)days, and during that time fail to
appear and claim the contraband, or if the owner or lienholder appears and
agrees, title to the contraband shall immediately vest in the board, which may
sell the contraband at a private sale.