{"data":{"id":"us-ky/krs-67.594","jurisdiction":"us-ky","citation":"KRS 67.594","heading":"Use of property as evidence -- Disposition.","body":"(1) If any property in the custody of the property custodian is desired as evidence in any\ncourt, such property shall be delivered to any officer who presents an order to that\neffect from the court. Such property shall not be retained by the court, but shall b e\nreturned to the property clerk.\n(2) All property which has been seized and is forfeited pursuant to law shall be\ndisposed of as provided in the court order of forfeiture.\n(3) All property that remains in the custody of the property clerk without any lawf ul\nclaimant thereto, and which is contraband or which is subject to forfeiture and on\nwhich there will be no court action shall be ordered forfeited by the Circuit Court of\nthe county not less than ninety (90) days after it comes into the possession of the\nproperty clerk. The order of forfeiture shall specify the manner of disposition of the\nproperty and shall be consistent with applicable provisions of the Kentucky Revised\nStatutes and federal law. If the property is ordered and sold the proceeds shall go to:\n(a) The state if the property was seized by an agency of the state or peace officer\nthereof;\n(b) The county, if the property was seized by the sheriff or an agency or peace\nofficer of the county;\n(c) The Department of Fish and Wildlife Resources, if th e property was seized by\na peace officer of the Department of Fish and Wildlife or was seized by any\nother officer for violation of KRS Chapter 150;\n(d) The city, if the property was seized by the city or by an agency or peace officer\nthereof and the property was delivered to the city property clerk;\n(e) The city (ninety percent (90%) of the proceeds) and the sheriff (ten percent\n(10%) of the proceeds) if the property was seized by the city or by an agency\nor peace officer thereof and the property was deliv ered to the sheriff or the\ncounty police; or\n(f) The state, if the property was seized by any combination of agencies listed\nabove.\n(4) All property that remains in the custody of the property custodian without any\nlawful claimant thereto and which is not subject to the provisions of subsections (2)\nor (3) of this section may be sold at public auction in a suitable room designated for\nsuch purpose, after being advertised pursuant to KRS Chapter 424. The proceeds of\nsuch sale shall be paid into the fiscal co urt to the credit of the agency which has\ncustody of the property. No property shall be sold pursuant to this section unless:\n(a) The property has been in custody for not less than ninety (90) days; and\n(b) Reasonable efforts have been made by the property  clerk or his deputy to\nascertain the name of the true owner or lawful claimant of the property and to\neffect its return to him; and\n(c) The sale of the property is in conformity with applicable state and federal laws\nand regulations.","path":["KRS Chapter 67"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=23763","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:49:26Z","sha256":"6ce64254567ac41a2118e1270da3c194414ff1b6f0fcfb24e586b5d17911e265","source_id":"us-ky","stale":false,"prev":"us-ky/krs-67.592","next":"us-ky/krs-67.600"},"notice":"GroundRules: Original legal text. Not legal advice."}