Iowa Code

Iowa Code § 809A.4 (2026)

Property subject to forfeiture

✓ current as of July 2026

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The following are subject to forfeiture:

1. All controlled substances, raw materials, controlled substance analogs, counterfeit controlled substances, imitation controlled substances, or precursor substances, that have been manufactured, distributed, dispensed, possessed, or acquired in violation of the laws of this state.

2. a. All property, except as provided in paragraph “b”, including the whole of any lot or tract of land and any appurtenances or improvements to real property, including homesteads that are otherwise exempt from judicial sale pursuant to section 561.16, that is either:

(1) Furnished or intended to be furnished by a person in an exchange that constitutes conduct giving rise to forfeiture. \n Tue Dec 09 21:53:52 2025 Iowa Code 2026, Chapter 809A (25, 0) 3 FORFEITURE REFORM ACT, §809A.5\n\n (2) Used or intended to be used in any manner or part to facilitate conduct giving rise to forfeiture.

b. If the only conduct giving rise to forfeiture is a violation of section 124.401, subsection 5, real property is not subject to forfeiture and other property subject to forfeiture pursuant to paragraph “a”, subparagraph (2), may be forfeited only pursuant to section 809A.14.

3. All proceeds of any conduct giving rise to forfeiture.

4. All weapons possessed, used, or available for use in any manner to facilitate conduct giving rise to forfeiture.

5. Any interest or security in, claim against, or property or contractual right of any kind affording a source of control over any enterprise that a person has established, operated, controlled, conducted, or participated in the conduct or through conduct giving rise to forfeiture.

6. a. Any property of a person up to the value of property which is either of the following:

(1) Described in subsection 2 that the person owned or possessed for the purpose of a use described in subsection 2.

(2) Described in subsection 3 and is proceeds of conduct engaged in by the person or for which the person is criminally responsible.

b. Property described in this subsection may be seized for forfeiture pursuant to a constructive seizure or an actual seizure pursuant to section 809A.6. Actual seizure may only be done pursuant to a seizure warrant issued on a showing, in addition to the showing of probable cause for the forfeiture of the subject property, that the subject property is not available for seizure for reasons described in section 809A.15, subsection 1, and that the value of the property to be seized is not greater than the total value of the subject property, or pursuant to a constructive seizure. If property of a defendant up to the total value of all interests in the subject property is not seized prior to final judgment in an action under this section, the remaining balance shall be ordered forfeited as a personal judgment against the defendant.

7. As used in this section, “facilitate” means to have a substantial connection between the property and the conduct giving rise to forfeiture. 96 Acts, ch 1133, §4; 98 Acts, ch 1074, §39, 40; 98 Acts, ch 1100, §87 Referred to in §809.15, 809A.5 \n

Notes of Decisions

Cited in 10 cases (1 in the last 5 years), 1996–2024 · leading case: In The Matter Of Prop. Seized From Bo (Brian) Li, Na Tian, & Wei Tian, 911 N.W.2d 423 (Iowa 2018).

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In The Matter Of Prop. Seized From Bo (Brian) Li, Na Tian, & Wei Tian, 911 N.W.2d 423 (Iowa 2018). · cites it 2× “Under Iowa Code section 809A.4(3), "[a]ll proceeds of any conduct giving rise to forfeiture" are subject to forfeiture.”

In Re the Prop. Seized for Forfeiture From Williams, 676 N.W.2d 607 (Iowa 2004). · cites it 2× “In the second order the court determined the fax machine and pagers were not subject to in rem forfeiture under Iowa Code section 809A.4(2)(6) and ordered the State to return the fax machine and pagers to Williams.”

In the Matter of Prop. Seized from Jean Carlos Herrera & Fernando Rodriguez, 912 N.W.2d 454 (Iowa 2018). · cites it 2× “He argued that the vehicle did not meet the definition of property subject to forfeiture under Iowa Code section 809A.4 and that the vehicle was exempt from forfeiture under section 809A.”

Flora v. Sw. Iowa Narcotics Enf't Task Force, 292 F. Supp. 3d 875 (S.D. Iowa 2018). · cites it 2× “" Iowa Code § 809A.4(2)(a)(1)-(2). "Property" means "anything of value.”

In Re Prop. Seized From Terrell, 639 N.W.2d 18 (Iowa 2002). · cites it 2× “Terrell does not challenge the nexus between the use of his vehicle and the commission of the offenses under Iowa Code section 809A.4(2)(a)(2) (property “[u]sed or intended to be used in any manner or part to facilitate conduct giving rise to forfeiture” may be forfeited).”

Matter of Prop. Seized From Chiodo, 555 N.W.2d 412 (Iowa 1996). · cites it 2× “Under § 809A.4(2)(b), in cases where the only conduct giving rise to forfeiture is drug possession under § 124.”

In the Matter of Prop. Seized From Gordon Darnelle Watt IV, Gordon Darnell Watt IV (Iowa Ct. App. 2016). · cites it 4× “See Iowa Code § 809A.4(2). 12 The State presented evidence of several trips Watt made from Illinois to Colorado and back in the months leading up to the traffic stop.”

In the Matter of Prop. Seized for Forfeiture from Darrell Anthony Jones (Iowa Ct. App. 2024). · cites it 4× ““Proceeds” are defined as “property acquired directly or indirectly from, produced through, realized 9 through, or caused by an act or omission and includes any property of any kind without reduction for expenses incurred for acquisition, maintenance, production, or any other…”

In the Matter of the Prop. Seized for Forfeiture From Samantha Thao & Karen Thao, Samantha Thao & Karen Thao (Iowa Ct. App. 2016). · cites it 2× “Under Iowa Code section 809A.4(2), all property, but for a few exceptions set out in section 809A.”

MacKenzie Rumsey & Bela Animal Legal Def. & Rescue v. City of Des Moines, Iowa (Iowa Ct. App. 2016). · cites it 2× “Malice was not property subject to forfeiture under section 809A.4. The district court correctly concluded chapter 809A did not compel the city to release the dog to its owner.”

— Iowa Code § 809A.4(2) — 2 cases

In the Matter of the Prop. Seized for Forfeiture From Samantha Thao & Karen Thao, Samantha Thao & Karen Thao (Iowa Ct. App. 2016). “Under Iowa Code section 809A.4(2), all property, but for a few exceptions set out in section 809A.”

In the Matter of Prop. Seized From Gordon Darnelle Watt IV, Gordon Darnell Watt IV (Iowa Ct. App. 2016). “See Iowa Code § 809A.4(2). 12 The State presented evidence of several trips Watt made from Illinois to Colorado and back in the months leading up to the traffic stop.”

— Iowa Code § 809A.4(2)(6) — 1 case

In Re the Prop. Seized for Forfeiture From Williams, 676 N.W.2d 607 (Iowa 2004). “In the second order the court determined the fax machine and pagers were not subject to in rem forfeiture under Iowa Code section 809A.4(2)(6) and ordered the State to return the fax machine and pagers to Williams.”

— Iowa Code § 809A.4(2)(a)(1) — 1 case

Flora v. Sw. Iowa Narcotics Enf't Task Force, 292 F. Supp. 3d 875 (S.D. Iowa 2018). “" Iowa Code § 809A.4(2)(a)(1)-(2). "Property" means "anything of value.”

— Iowa Code § 809A.4(2)(a)(2) — 2 cases

In Re Prop. Seized From Terrell, 639 N.W.2d 18 (Iowa 2002). “Terrell does not challenge the nexus between the use of his vehicle and the commission of the offenses under Iowa Code section 809A.4(2)(a)(2) (property “[u]sed or intended to be used in any manner or part to facilitate conduct giving rise to forfeiture” may be forfeited).”

— Iowa Code § 809A.4(2)(b) — 1 case

Matter of Prop. Seized From Chiodo, 555 N.W.2d 412 (Iowa 1996). “Under § 809A.4(2)(b), in cases where the only conduct giving rise to forfeiture is drug possession under § 124.”

— Iowa Code § 809A.4(3) — 2 cases

In The Matter Of Prop. Seized From Bo (Brian) Li, Na Tian, & Wei Tian, 911 N.W.2d 423 (Iowa 2018). “Under Iowa Code section 809A.4(3), "[a]ll proceeds of any conduct giving rise to forfeiture" are subject to forfeiture.”

In the Matter of Prop. Seized for Forfeiture from Darrell Anthony Jones (Iowa Ct. App. 2024). ““Proceeds” are defined as “property acquired directly or indirectly from, produced through, realized 9 through, or caused by an act or omission and includes any property of any kind without reduction for expenses incurred for acquisition, maintenance, production, or any other…”

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