O.C.G.A.
O.C.G.A.

O.C.G.A. § 9-16-18 (2019)

Forfeited property vests in state at time conduct giving rise to forfeiture committed; release of property upon entry of judgment in favor of owner

✓ O.C.G.A. (archive.org 2024 item): print volumes of 2004-2024, per-volume vintage; older volumes partly replaced by 2019 Release 73 text; no 2025 or 2026 Acts
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
Find cases: SyfertCases citing this section GA-LEGlegis.ga.gov (official) JustiaJustia CornellLII Search CasesGoogle Scholar

(a) All property declared to be forfeited vests in the state at the time of commission of the conduct giving rise to forfeiture together with the proceeds of the property after that time. Any property or proceeds transferred later to any person remain subject to forfeiture and thereafter shall be ordered to be forfeited unless the transferee claims and establishes in a hearing under this chapter that the transferee is a bona fide purchaser for value and the transferee's interest is exempt under paragraph (2) of subsection (a) of Code Section 9-16-17.

(b) On entry of judgment for a person claiming an interest in the property that is subject to a civil forfeiture proceeding, the court shall order that the property or interest in the property be released or delivered promptly to that person free of liens and encumbrances.

History

(Code 1981, § 9-16-18, enacted by Ga. L. 2015, p. 693, § 1-1/HB 233.)

Notes of Decisions
Cited in 1 case, 2018–2018 · leading case: State of Georga v. James Lamar Crowder, No. A18E0049 (Ga. Ct. App. May 11, 2018).
Sort: Relevance Newest Treatment
State of Georga v. James Lamar Crowder, No. A18E0049 (Ga. Ct. App. May 11, 2018). · cites it 2× “Attachments also show that on May 7, 2018, the trial court issued an Order on Claimant’s Motion to Release Seized Funds in which the trial court stated that it “stands by its previous ruling decided on March 29, 2018” and ordered that the property be released pursuant to OCGA §…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.