{"data":{"id":"us-ut/utah-code-77-11b-202","jurisdiction":"us-ut","citation":"Utah Code § 77-11b-202","heading":"Sale of seized property subject to forfeiture.","body":"(1)\n(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:\n(i) be sold, leased, rented, or operated to satisfy a specified interest of any claimant; or\n(ii) preserve the interests of any party on motion of that party.\n(b) The court may only enter an order under Subsection (1)(a) after:\n(i) written notice to any person known to have an interest in the property has been given; and\n(ii) an opportunity for a hearing for any person known to have an interest in the property has occurred.\n(2)\n(a) A court may order a sale of property under Subsection (1) when:\n(i) the property is liable to perish, waste, or be significantly reduced in value; or\n(ii) the expenses of maintaining the property are disproportionate to the property's value.\n(b) A third party designated by the court shall:\n(i) dispose of the property by a commercially reasonable public sale; and\n(ii) distribute the proceeds in the following order of priority:\n(A) first, for the payment of reasonable expenses incurred in connection with the sale;\n(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\n(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.","path":["Title 77 Criminal Procedure","Chapter 77-11b Forfeiture of Seized Property","Part 77-11b-2 Initiating Forfeiture of Seized Property"],"source_url":"https://le.utah.gov/xcode/Title77/Chapter11b/77-11b-S202.html","current_through":"2026 General Session","vintage":"","retrieved_at":"2026-09-03T11:34:34Z","sha256":"6def61fd6e0a26350b6e2c2577f4c501bb85bc9acc567c788746a91f1868f214","source_id":"us-ut","stale":false,"prev":"us-ut/utah-code-77-11b-201","next":"us-ut/utah-code-77-11b-203"},"notice":"GroundRules: Original legal text. Not legal advice."}
