O.C.G.A.

O.C.G.A. § 9-16-3 (2019)

Jurisdiction

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
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.
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(a) A civil forfeiture proceeding shall be filed by a state attorney in the name of the State of Georgia in any superior court of this state and may be brought: (1) In the case of an in rem action, in the judicial circuit where the property is located; (2) In the case of an in personam action, in the judicial circuit in which the defendant resides; or (3) By the state attorney having jurisdiction over any offense which arose out of the same conduct which made the property subject to forfeiture. (b) If more than one state attorney has jurisdiction to file a civil forfeiture proceeding, the state attorney having primary jurisdiction over the conduct giving rise to the forfeiture shall, in the event of a conflict, have priority over any other state attorney. (c) A civil forfeiture proceeding may be compromised or settled in the same manner as other civil actions.

History

(Code 1981, § 9-16-3, enacted by Ga. L. 2015, p. 693, § 1-1/HB 233.)

Notes of Decisions
Cited in 1 case (1 in the last 5 years), 2024–2024 · leading case: Lovell v. Raffensperger, 897 S.E.2d 440 (Ga. 2024).
Lovell v. Raffensperger, 897 S.E.2d 440 (Ga. 2024). · cites it 6× “”); OCGA § 9-16-3 (a)7 (“A civil forfeiture proceeding shall be filed by a state attorney in the name of the State of Georgia in any superior court of this state.”
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.