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Utah Code Title 77. Utah Code of Criminal Procedure § 77-11b-202. Sale of seized property subject to forfeiture

Current as of January 01, 2025 | Updated by Findlaw Staff

(1)(a) Except for property that is required to be retained or preserved under Chapter 11c, Retention of Evidence, the court may order seized property for which a forfeiture proceeding is pending to:

(i) be sold, leased, rented, or operated to satisfy a specified interest of any claimant; or

(ii) preserve the interests of any party on motion of that party.

(b) The court may only enter an order under Subsection (1)(a) after:

(i) written notice to any person known to have an interest in the property has been given; and

(ii) an opportunity for a hearing for any person known to have an interest in the property has occurred.

(2)(a) A court may order a sale of property under Subsection (1) when:

(i) the property is liable to perish, waste, or be significantly reduced in value; or

(ii) the expenses of maintaining the property are disproportionate to the property's value.

(b) A third party designated by the court shall:

(i) dispose of the property by a commercially reasonable public sale; and

(ii) distribute the proceeds in the following order of priority:

(A) first, for the payment of reasonable expenses incurred in connection with the sale;

(B) second, for the satisfaction of an interest, including an interest of an interest holder, in the order of an interest holder's priority as determined by Title 70A, Uniform Commercial Code; and

(C) third, any balance of the proceeds shall be preserved in the actual or constructive custody of the court, in an interest-bearing account, subject to further proceedings under this chapter.

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Cite this article: FindLaw.com - Utah Code Title 77. Utah Code of Criminal Procedure § 77-11b-202. Sale of seized property subject to forfeiture - last updated January 01, 2025 | https://codes.findlaw.com/ut/title-77-utah-code-of-criminal-procedure/ut-code-sect-77-11b-202/

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