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Official Code of Georgia Annotated

Title 9. CIVIL PRACTICE · Chapter 16. UNIFORM CIVIL FORFEITURE PROCEDURE ACT

9-16-18. Forfeited property vests in state at time conduct giving rise to forfeiture committed; release of property upon entry of judgment in favor of owner.

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Current through: Including Acts of the 2025 Regular Session of the General Assembly.

  1. (a)

    All property declared to be forfeited vests in the state at the time of commission of the conduct giving rise to forfeiture together with the proceeds of the property after that time. Any property or proceeds transferred later to any person remain subject to forfeiture and thereafter shall be ordered to be forfeited unless the transferee claims and establishes in a hearing under this chapter that the transferee is a bona fide purchaser for value and the transferee’s interest is exempt under paragraph (2) of subsection (a) of Code Section 9-16-17.#

  2. (b)

    On entry of judgment for a person claiming an interest in the property that is subject to a civil forfeiture proceeding, the court shall order that the property or interest in the property be released or delivered promptly to that person free of liens and encumbrances.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Code 1981, § 9-16-18, enacted by Ga. L. 2015, p. 693, § 1-1/HB 233.

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from T09 Ch12-16 (V7A) 2015.pdf, Volume V7A, 2015 edition, page 468; merge action: carried; file SHA-256 c88496cf9e57.