TITLE 9 CIVIL PRACTICE

Section 16. Uniform Civil Forfeiture Procedure Act, 9-16-1 through 9-16-22.

ARTICLE 2 PROCEDURE FOR PERSONS UNDER SENTENCE OF STATE COURT OF RECORD

9-16-2. Definitions.

As used in this chapter, the term:

1. 1. "Beneficial interest" means either of the following:
      1. The interest of a person as a beneficiary under any written trust arrangement pursuant to which a trustee holds legal or record title to real property for the benefit of such person; or
      2. The interest of a person under any other written form of express fiduciary arrangement pursuant to which any other person holds legal or record title to real property for the benefit of such person.
   2. Such term shall not include the interest of a stockholder in a corporation, the interest of a partner in either a general partnership or limited partnership, or an equitable interest.
2. "Civil forfeiture proceeding" means a quasi-judicial forfeiture initiated pursuant to Code Section 9-16-11 or a complaint for forfeiture initiated pursuant to Code Section 9-16-12 or 9-16-13.
3. "Costs" means, but shall not be limited to:
   1. All expenses associated with the seizure, towing, storage, maintenance, custody, preservation, operation, or sale of property; and
   2. Satisfaction of any security interest or lien not subject to forfeiture under this chapter.
4. "Court costs" means, but shall not be limited to:
   1. Charges and fees taxed by the court, including filing, transcription, and court reporter fees, and advertisement costs; and
   2. Payment of receivers, conservators, appraisers, accountants, or trustees appointed by the court pursuant to Code Section 9-16-10 or 9-16-14.
5. "Financial institution" means a bank, trust company, national banking association, industrial bank, savings institution, or credit union chartered and supervised under state or federal law.
6. "Governmental agency" means any department, office, council, commission, committee, authority, board, bureau, or division of the executive, judicial, or legislative branch of a state, the United States, or any political subdivision thereof.
7. "Interest holder" means a secured party within the meaning of Code Section 11-9-102, the claim of a beneficial interest, or a perfected encumbrance pertaining to an interest in property.
8. "Owner" means a person, other than an interest holder, who has an interest in property and is 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.
9. "Proceeds" means property derived directly or indirectly from, maintained by, or realized through an act or omission relating to criminal conduct and includes any benefit, interest, or property of any kind without reduction for expenses incurred for acquisition, maintenance, or any other purpose.
10. "Property" means anything of value and includes any interest in anything of value, including real property and any fixtures thereon, and tangible and intangible personal property, including but not limited to currency, instruments, securities, or any other kind of privilege, interest, claim, or right.
11. "Real property" means any real property situated in this state or any interest in such real property, including, but not limited to, any lease of or mortgage upon such real property.
12. "State attorney" means a district attorney of this state or his or her designee or, when specifically authorized by law, the Attorney General or his or her designee.
13. 1. "Trustee" means either of the following:
       1. Any person who holds legal or record title to real property for which any other person has a beneficial interest; or
       2. Any successor trustee or trustees to any of the foregoing persons.
    2. Such term shall not include the following:
       1. Any person appointed or acting as:
    3. A guardian, conservator, or personal representative under Title 29 or Chapters 1 through 11 of Title 53, the "Revised Probate Code of 1998"; or
    4. A personal representative under former Chapter 6 of Title 53 as such existed on December 31, 1997; or
       1. Any person appointed or acting as a trustee of any testamentary trust or as trustee of any indenture of trust under which any bonds are issued.
14. "United States" means the United States and its territories and possessions, the 50 states, and the District of Columbia.

(Code 1981, §9-16-2, enacted by Ga. L. 2015, p. 693, § 1-1/HB 233.)