Iowa Code

Iowa Code § 809A.16 (2026)

Disposition of property

✓ current as of July 2026

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1. If notice of pending forfeiture is properly served in an action in rem or in personam in which personal property, having an estimated value of five thousand dollars or less, as established by affidavit provided by the prosecuting attorney, is seized, and no claim opposing forfeiture is filed within thirty days of service of such notice, the prosecuting attorney shall prepare a written declaration of forfeiture of the subject property to the state and allocate the property according to the provisions of section 809A.17.

2. Within one hundred eighty days of the date of a declaration of forfeiture, an owner or\n\nTue Dec 09 21:53:52 2025 Iowa Code 2026, Chapter 809A (25, 0) §809A.16, FORFEITURE REFORM ACT 14\n\ninterest holder in property declared forfeited pursuant to subsection 1 may petition the court to have the declaration of forfeiture set aside, after making a prima facie showing that the state failed to serve proper notice as provided by section 809A.13. Upon such a showing the court shall allow the state to demonstrate by clear and convincing evidence that notice was properly served. If the state fails to meet its burden of proof, the court may order the declaration of forfeiture set aside. The state may proceed with judicial proceedings pursuant to this chapter.

3. Except as provided in subsection 1, if a proper claim is not timely filed in an action in rem, or if a proper answer is not timely filed in response to a complaint, the prosecuting attorney may apply for an order of forfeiture and an allocation of forfeited property pursuant to section 809A.17. Under such circumstance and upon a determination by the court that the state’s written application established the court’s jurisdiction, the giving of proper notice, and facts sufficient to show probable cause for forfeiture, the court shall order the property forfeited to the state.

4. After final disposition of all claims and answers timely filed in an action in rem, or after final judgment and disposition of all claims timely filed in an action in personam, the court shall enter an order that the state has clear title to the forfeited property interest. Title to the forfeited property interest and its proceeds shall be deemed to have vested in the state on the commission of the conduct giving rise to the forfeiture under this chapter.

5. The court, on application of the prosecuting attorney, may release or convey forfeited personal property to a regulated interest holder or interest holder if any of the following applies:

a. The prosecuting attorney, in the attorney’s discretion, has recognized in writing that the regulated interest holder or interest holder has an interest in the property and informs the court that the property interest is exempt from forfeiture.

b. The regulated interest holder’s or interest holder’s interest was acquired in the regular course of business as a regulated interest holder or interest holder.

c. The amount of the regulated interest holder’s or interest holder’s encumbrance is readily determinable and has been reasonably established by proof made available by the prosecuting attorney to the court.

d. The encumbrance held by the regulated interest holder or interest holder seeking possession is the only interest exempted from forfeiture and the order forfeiting the property to the state transferred all of the rights of the owner prior to forfeiture, including rights to redemption, to the state.

6. After the court’s release or conveyance under subsection 5, the regulated interest holder or interest holder shall dispose of the property by a commercially reasonable public sale. Within ten days of disposition the regulated interest holder or interest holder shall tender to the state the amount received at disposition less the amount of the regulated interest holder’s or interest holder’s encumbrance and reasonable expense incurred by the regulated interest holder or interest holder in connection with the sale or disposal. For the purposes of this section, “commercially reasonable” means a sale or disposal that would be commercially reasonable under chapter 554, article 7.

7. On order of the court or declaration of forfeiture forfeiting the subject property, the state may transfer good and sufficient title to any subsequent purchaser or transferee. The title shall be recognized by all courts and agencies of this state, and any political subdivision. On entry of judgment in favor of a person claiming an interest in the property that is subject to forfeiture proceedings under this chapter, the court shall enter an order that the property or interest in property shall be released or delivered promptly to that person free of liens and encumbrances under this chapter, and that the person’s cost bond shall be discharged.

8. Upon motion by the prosecuting attorney, if it appears after a hearing that reasonable cause existed for the seizure for forfeiture or for the filing of the notice of pending forfeiture or complaint, the court shall find all of the following:

a. That reasonable cause existed, or that the action was taken under a reasonable good faith belief that it was proper.

b. That the claimant is not entitled to costs or damages.\n\nTue Dec 09 21:53:52 2025 Iowa Code 2026, Chapter 809A (25, 0) 15 FORFEITURE REFORM ACT, §809A.18\n\n c. That the person or seizing agency who made the seizure and the prosecuting attorney are not liable to suit or judgment for the seizure, suit, or prosecution. 96 Acts, ch 1133, §16; 2014 Acts, ch 1092, §149; 2017 Acts, ch 114, §13, 15 Referred to in §809.12A, 809A.8, 809A.13 2017 amendment to subsection 2 applies to forfeiture proceedings that begin on or after July 1, 2017; 2017 Acts, ch 114, §15 \n

Notes of Decisions

Cited in 9 cases (1 in the last 5 years), 2004–2023 · leading case: In Re the Prop. Seized for Forfeiture From Williams, 676 N.W.2d 607 (Iowa 2004).

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In Re the Prop. Seized for Forfeiture From Williams, 676 N.W.2d 607 (Iowa 2004). · cites it 4× “8(l)( x)(l), proper notice includes the requirement that the State files its notice of pending forfeiture within ninety days after the property is seized for forfeiture if a request by the owner to return the property has been made.”

In the Matter of Prop. Seized from Jean Carlos Herrera & Fernando Rodriguez, 912 N.W.2d 454 (Iowa 2018). · cites it 4× “Iowa Code § 809A.16(3). 2 In 2017, the legislature changed the state's burden of proof to clear and convincing evidence.”

Iowa Supreme Court Attorney Disciplinary Bd. v. Frerichs, 718 N.W.2d 763 (Iowa 2006). · cites it 4× “Iowa Code § 809A.16(1) (2001). Frerichs filed an answer and claim of exemption on the client’s behalf thirty-three days after personal service of the notice.”

In Re Prop. Seized for Forfeiture From Young, 780 N.W.2d 726 (Iowa 2010). “If a timely claim or petition for recognition of an exemption is not received, the prosecuting attorney may proceed to dispose of the property according to Iowa Code sections 809A.16 and 809A.17. Id. § 809A.”

In the Matter of Prop. Seized From Jean Carlos Herrera & Fernando Rodriguez, Jean Carlos Herrera & Fernando Rodriguez, Claimants-Appellants. (Iowa Ct. App. 2017). · cites it 4× “Iowa Code § 809A.16(3). While the district court found no proper answer had been filed, the district court failed to determine the State’s application established facts sufficient to show probable cause for forfeiture.”

In the Matter of Prop. Seized from David Ray Brooks (Iowa Ct. App. 2023). · cites it 4× “In late November 2021, the court granted the State’s motion to reconsider and advised that Hansen’s only remedy was to move to set aside the forfeiture order under Iowa Code section 809A.16. The court gave Hansen until December 22 to file that motion.”

Iowa Supreme Court Attorney Disciplinary Bd. Vs. Thomas P. Frerichs (Iowa 2006). · cites it 3× “Iowa Code § 809A.16(1) (2001). Frerichs filed an answer and claim of exemption on the client’s behalf thirty-three days after personal service of the notice.”

In the Matter of Prop. Seized for Forfeiture From Debra Armstrong-Harris & Michael Harris Debra Armstrong (Iowa Ct. App. 2014). “§ 809A.16(3) (“[I]f a proper claim is not timely filed in an action in rem, or if a proper answer is not timely filed in response to a complaint, the prosecuting attorney may apply for an order of forfeiture and an allocation of forfeited property pursuant to section 809A.”

In The Matter Of Prop. Seized For Forfeiture From Michael Wayne Young, Michael Wayne Young (Iowa 2010). “If a timely claim or petition for recognition of an exemption is not received, the prosecuting attorney may proceed to dispose of the property according to Iowa Code sections 809A.16 and 809A.17. Id. § 809A.”

— Iowa Code § 809A.16(1) — 2 cases

Iowa Supreme Court Attorney Disciplinary Bd. v. Frerichs, 718 N.W.2d 763 (Iowa 2006). “Iowa Code § 809A.16(1) (2001). Frerichs filed an answer and claim of exemption on the client’s behalf thirty-three days after personal service of the notice.”

Iowa Supreme Court Attorney Disciplinary Bd. Vs. Thomas P. Frerichs (Iowa 2006). “Iowa Code § 809A.16(1) (2001). Frerichs filed an answer and claim of exemption on the client’s behalf thirty-three days after personal service of the notice.”

— Iowa Code § 809A.16(3) — 4 cases

In Re the Prop. Seized for Forfeiture From Williams, 676 N.W.2d 607 (Iowa 2004). “8(l)( x)(l), proper notice includes the requirement that the State files its notice of pending forfeiture within ninety days after the property is seized for forfeiture if a request by the owner to return the property has been made.”

In the Matter of Prop. Seized from Jean Carlos Herrera & Fernando Rodriguez, 912 N.W.2d 454 (Iowa 2018). “Iowa Code § 809A.16(3). 2 In 2017, the legislature changed the state's burden of proof to clear and convincing evidence.”

In the Matter of Prop. Seized From Jean Carlos Herrera & Fernando Rodriguez, Jean Carlos Herrera & Fernando Rodriguez, Claimants-Appellants. (Iowa Ct. App. 2017). “Iowa Code § 809A.16(3). While the district court found no proper answer had been filed, the district court failed to determine the State’s application established facts sufficient to show probable cause for forfeiture.”

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