{"data":{"id":"us-ky/krs-218a.460","jurisdiction":"us-ky","citation":"KRS 218A.460","heading":"Jurisdiction -- Ancillary hearing -- Application of forfeiture procedures.","body":"(1) Jurisdiction in all forfeiture proceedings shall vest in the court where the conviction\noccurred regardless of the value of property subject to forfeiture.\n(2) Following conviction of a defendant for any violation of this chapter, the court shall\nconduct an ancillary hearing to forfeit property if requested by any party other than\nthe defendant or Commonwealth. The Commonwealth's attorney, or county attorney\nif the proceeding is in District Court, shall initiate the hearing by filing a motion\nrequesting entry of a final order of forfeiture upon proof that the property was being\nused in violation of the provisions of this chapter. The final order of forfeiture by\nthe court shall perfect in the Commonwealth or appropriate law enforcement\nagency, as provid ed in KRS 218A.420, right, title, and interest in and to the\nproperty. The Commonwealth may transfer any real property so forfeited by deed of\ngeneral warranty.\n(3) If the property subject to forfeiture is of a type for which title or registration is\nrequired by law, or if the owner of the property is known in fact to the\nCommonwealth at the time of the hearing, or if the property is subject to a perfected\nsecurity interest in accordance with the Uniform Commercial Code, KRS Chapter\n355, the attorney repres enting the Commonwealth shall give notice of the ancillary\nhearing by registered mail, return receipt requested, to each person having such\ninterest in the property, and shall publish notice of the forfeiture once each week for\ntwo (2) consecutive weeks in  a newspaper of general circulation as defined in KRS\nChapter 424 in the county where the forfeiture proceedings will occur. The notice\nshall be mailed and first published at least four (4) weeks prior to the ancillary\nhearing and shall describe the proper ty; state the county, place, and date of seizure;\nstate the name of the law enforcement agency holding the seized property; and state\nthe name of the court in which the ancillary hearing will be held and the date of the\nhearing. However, the Commonwealth s hall be obligated only to make a diligent\nsearch and inquiry as to the owner of subject property; and if, after diligent search\nand inquiry, the Commonwealth is unable to ascertain the owner, the actual notice\nrequirements by mail shall not be applicable.\n(4) Unless otherwise expressly provided in KRS 218A.410, the burden shall be upon\nclaimant to property to prove by preponderance of the evidence that it is not subject\nto forfeiture. Any claimant other than a person who holds title or registration to the\nproperty or who has a perfected security interest in the property shall be required to\npost a bond equivalent to ten percent (10%) of the appraised value of the property\nwith the clerk of the court before being allowed to litigate the claim. The bond shall\noffset the costs of litigation incurred by the Commonwealth. A claimant may\nproceed in forma pauperis with leave of court upon sworn petition subject to the\napplicable rules and subject to the provisions of law concerning perjury.\n(5) The procedures for fo rfeiture proceedings as established in KRS 218A.405 to\n218A.460 shall apply to any property subject to forfeiture which is pending as of\nJuly 13, 1990.","path":["KRS Chapter 218A"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=9711","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:52:31Z","sha256":"b7b018f73d30e0e9e1c3c2833459a9a00d03cfbe7f56e07c8b00c47e6d10073f","source_id":"us-ky","stale":false,"prev":"us-ky/krs-218a.450","next":"us-ky/krs-218a.500"},"notice":"GroundRules: Original legal text. Not legal advice."}