13-4301. Definitions
In this chapter, unless the context otherwise requires:
1. "Abandoned property":
(a) Means personal property that the owner has intentionally relinquished the right to and control over.
(b) Does not include property that is obtained as a result of a peace officer requesting, requiring or inducing a person to execute a document that purports to disclaim an interest in or right to the property or that relinquished interest in or rights to the property.
2. "Attorney for the state" means an attorney designated by the attorney general, by a county attorney or by a city attorney to investigate, commence and prosecute an action under this chapter.
3. "Commercially reasonable" means a sale or disposal that would be commercially reasonable under title 47, chapter 9, article 6.
4. "Injured person" means a person who has sustained economic loss, including medical loss, as a result of injury to his person, business or property by the conduct giving rise to the forfeiture of property, and who is not an owner of or an interest holder in the property. Injured person does not include a person who is responsible for the conduct giving rise to forfeiture or a person whose interest would not be exempt from forfeiture if the person were an owner of or interest holder in the property.
5. "Interest holder" means a person in whose favor there is a security interest or who is the beneficiary of a perfected encumbrance pertaining to an interest in property.
6. "Owner" means a person who is not a secured party as defined in section 47-9102 and who has an interest in property, whether legal or equitable. A person who holds property for the benefit of or as agent or nominee for another is not an owner. A purported interest that is not in compliance with any statute requiring its recordation or reflection in public records in order to perfect the interest against a bona fide purchaser for value shall not be recognized as an interest against this state in an action pursuant to this chapter. An owner with power to convey property binds other owners, and a spouse binds his spouse, by his act or omission.
7. "Person known to have an interest" means a person whose interest in property is reflected in the public records in which his interest is required by law to be recorded or reflected in order to perfect his interest. If a person's interest in property is not required by law to be reflected in public records in order to perfect his interest in the property, a person shall be known to have an interest only if his interest can be readily ascertained at the time the forfeiture action commences pursuant to this chapter.
8. "Personal property" includes all interests in property, as defined in section 13-105, in whatever form, except real property and fixtures as defined in section 47-9102.
9. "Seizing agency" means any department or agency of this state or its political subdivisions that regularly employs peace officers and that employs the peace officer who seizes property for forfeiture, or such other agency as the seizing agency may designate in a particular case by its chief executive officer or the chief executive officer's designee.
10. "Seizure for forfeiture" means seizure of property by a peace officer and either:
(a) There is an assertion by the seizing agency or by an attorney for the state that the property is subject to forfeiture.
(b) The property has no evidentiary value.
Notes of Decisions
State Ex Rel. Goddard v. Gravano (2005)
arizctapp · cites it 5×
“”) § 13-2314, and the Arizona Forfeiture Reform Act, A.R.S. §§ 13-4301 to -4315 (1999), seeking approximately $933,750 of drug sale proceeds.”
In re 1986 Chevrolet Corvette (1994)
ariz · cites it 7×
“It relies on the following language of A.R.S. § 13-4301(3): A purported interest which is not in compliance with any statute requiring its recordation or reflection in public records in order to perfect the interest against a bona fide purchaser for value shall not be recognized…”
In re Approximately $50,000.00 in United States Currency (2000)
arizctapp · cites it 6×
“It further asserts that it had not yet commenced forfeiture proceedings on the currency it had seized from Mada, by specifically seizing it for forfeiture, at the time she brought the action requesting its return. Accordingly, the state argues, because Mada could not…”
State ex rel. Horne v. Anthony (2013)
arizctapp · cites it 7×
“§ 13-2314(G) (2010), and pursuant to the procedures outlined in A.R.S. §§ 13-4301 through -4311. It alleges that the Racketeering Defendants participated in or assisted a criminal syndicate; engaged in money laundering; produced, sold, or transported drugs; and engaged in…”
Fitzgerald v. Superior Court (1992)
arizctapp · cites it 4×
“§ 13-3413, as well as A.R.S. § 13-4301 et seq. The complaint did not seek forfeiture of the Tylenol III tablets or the marijuana.”
State ex rel. Brnovich v. Culver (2016)
arizctapp · cites it 2×
“See A.R.S. § 13-4301(9) (2010) ("‘Sei *20 zure for forfeiture’ means seizure of property by a peace officer with an assertion by the seizing agency or by an attorney for the state that the property is subject to forfeiture.”
In Re One 1983 Toyota (1991)
arizctapp · cites it 4×
“A.R.S. § 13-4301(3) defines "owner" as: [A] person who is not a secured party within the meaning of § 47-9105 and who has an interest in property, whether legal or equitable.”
STATE, EX REL. HORNE v. Campos (2011)
arizctapp · cites it 2×
“General Principles ¶ 27 Under Arizona’s forfeiture statutes, A.R.S. §§ 13-4301 to -4315 (2010), “property is subject to forfeiture if some other statute provides for such a remedy.”
— Ariz. Rev. Stat. § 13-4301(1) — 2 cases
— Ariz. Rev. Stat. § 13-4301(3) — 5 cases
In re 1986 Chevrolet Corvette (1994)
ariz
“It relies on the following language of A.R.S. § 13-4301(3): A purported interest which is not in compliance with any statute requiring its recordation or reflection in public records in order to perfect the interest against a bona fide purchaser for value shall not be recognized…”
In Re One 1983 Toyota (1991)
arizctapp
“A.R.S. § 13-4301(3) defines "owner" as: [A] person who is not a secured party within the meaning of § 47-9105 and who has an interest in property, whether legal or equitable.”
— Ariz. Rev. Stat. § 13-4301(4) — 5 cases
State ex rel. Horne v. Anthony (2013)
arizctapp
“§ 13-2314(G) (2010), and pursuant to the procedures outlined in A.R.S. §§ 13-4301 through -4311. It alleges that the Racketeering Defendants participated in or assisted a criminal syndicate; engaged in money laundering; produced, sold, or transported drugs; and engaged in…”
— Ariz. Rev. Stat. § 13-4301(5) — 4 cases
State ex rel. Horne v. Anthony (2013)
arizctapp
“§ 13-2314(G) (2010), and pursuant to the procedures outlined in A.R.S. §§ 13-4301 through -4311. It alleges that the Racketeering Defendants participated in or assisted a criminal syndicate; engaged in money laundering; produced, sold, or transported drugs; and engaged in…”
— Ariz. Rev. Stat. § 13-4301(6) — 2 cases
— Ariz. Rev. Stat. § 13-4301(7) — 2 cases
— Ariz. Rev. Stat. § 13-4301(8) — 3 cases
In re Approximately $50,000.00 in United States Currency (2000)
arizctapp
“It further asserts that it had not yet commenced forfeiture proceedings on the currency it had seized from Mada, by specifically seizing it for forfeiture, at the time she brought the action requesting its return. Accordingly, the state argues, because Mada could not…”
— Ariz. Rev. Stat. § 13-4301(9) — 3 cases
State ex rel. Brnovich v. Culver (2016)
arizctapp
“See A.R.S. § 13-4301(9) (2010) ("‘Sei *20 zure for forfeiture’ means seizure of property by a peace officer with an assertion by the seizing agency or by an attorney for the state that the property is subject to forfeiture.”
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