{"data":{"id":"us-ky/krs-244.200","jurisdiction":"us-ky","citation":"KRS 244.200","heading":"Rights of owner  or lienor as to contraband  -- Disposition of","body":"contraband.\n(1) Contraband property included in subsection KRS 244.180(5) shall be subject to\nthe right of any owner or lienor, whose lien is valid and of record, to intervene\nand  establish the owner or lienor's rights in the property by proving that the\nproperty was  being used in connection with traffic in alcoholic beverages\nwithout the knowledge, consent, or approval of the owner or lienor.\n(a) If the owner of the property proves the owner's lack of knowledge,\nconsent, or approval, the court shall order the property restored to the\nowner; or\n(b) If the lienor proves the lienor's lack of knowledge, consent, or approval,\nthe court shall order a sale of the property at public auction, unless an\nagreement  is made  between the lienor and the board, which shall not\nbecome  final until it has been approved by the court. The board may\ndeliver any property found to be contraband to a lienor whose claim has\nbeen  established by order of a court of competent jurisdiction, upon\npayment  to the board of the difference between the fair market value of\nthe seized property and the recorded claim of the lienor.\n(2) Where  an agreement has been made  between the lienor and the board and\napproved by the court, a public auction shall not be required. If an agreement is\nnot entered into between the board and the lienor or approved by the court,\nand a public auction is required, the public auction shall be conducted by the\nsheriff of the county in which the property is seized. The sheriff shall receive\nand be allowed the same fees as allowed for sales under execution.\n(3) The expenses of keeping and selling the property, and the amount of all valid\nrecorded liens that are established by intervention as being bona fide, shall be\npaid out of the proceeds of the sales, whether they are private or public. The\nbalance shall be paid into the State Treasury and be credited to the general\nfund.\n(4) If the defendant is acquitted, no property seized as contraband in connection\nwith the arrest of the defendant shall be ordered returned or restored unless\nthe person from whose possession the property was taken proves that the\nperson was  in lawful possession of the property, and if no other person\nappears and proves that the other person owns the property or has a valid\nrecorded lien on the property and that the property was being used without that\nperson's knowledge and consent, title shall vest in the board at the end of\nninety (90) days.\n(5) If the owners or lienholders of any contraband seized by state administrators or\ninvestigators of the department or turned over to the department by other\nofficials, cannot be located within ninety (90) days, and during that time fail to\nappear and claim the contraband, or if the owner or lienholder appears and\nagrees, title to the contraband shall immediately vest in the board, which may\nsell the contraband at a private sale.","path":["KRS Chapter 244"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=45998","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:52:55Z","sha256":"f260740bd2429f2bc1f41ce6b1db5e894a1f480d1e5b5a22b80757b786f474fe","source_id":"us-ky","stale":false,"prev":"us-ky/krs-244.195","next":"us-ky/krs-244.202"},"notice":"GroundRules: Original legal text. Not legal advice."}