Iowa Code

Iowa Code § 809A.5 (2026)

Exemptions

✓ current as of July 2026

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1. All property, including all interests in property, described in section 809A.4 is subject to forfeiture, except that property is exempt from forfeiture if either of the following occurs:

a. The owner or interest holder acquired the property before or during the conduct giving rise to its forfeiture, and did not know and could not reasonably have known of the conduct or that the conduct was likely to occur, or acted reasonably to prevent the conduct giving rise to forfeiture.

b. The owner or interest holder acquired the property, including acquisition of proceeds of conduct giving rise to forfeiture, after the conduct giving rise to its forfeiture and acquired the property in good faith, for value and did not knowingly take part in an illegal transaction.

2. Notwithstanding subsection 1, property is not exempt from forfeiture, even though the owner or interest holder lacked knowledge or reason to know that the conduct giving rise to its forfeiture had occurred or was likely to occur, if any of the following exists:

a. The person whose conduct gave rise to its forfeiture had the authority to convey the property of the person claiming the exemption to a good faith purchaser for value at the time of the conduct.

b. The owner or interest holder is criminally responsible for the conduct giving rise to its forfeiture. If the forfeiture is for property valued at less than the minimum civil forfeiture amount, the owner or interest holder must also be convicted of the criminal offense for the conduct giving rise to forfeiture.

c. The owner or interest holder acquired the property with notice of its actual or\n\nTue Dec 09 21:53:52 2025 Iowa Code 2026, Chapter 809A (25, 0) §809A.5, FORFEITURE REFORM ACT 4\n\nconstructive seizure for forfeiture under section 809A.6, or with reason to believe that it was subject to forfeiture. 96 Acts, ch 1133, §5; 2017 Acts, ch 114, §2, 15 Referred to in §809A.12, 809A.14 2017 amendment to subsection 2, paragraph b, applies to forfeiture proceedings that begin on or after July 1, 2017; 2017 Acts, ch 114, §15 \n

Notes of Decisions

Cited in 4 cases, 2016–2020 · leading case: In the Matter of Prop. Seized from Jean Carlos Herrera & Fernando Rodriguez, 912 N.W.2d 454 (Iowa 2018).

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In the Matter of Prop. Seized from Jean Carlos Herrera & Fernando Rodriguez, 912 N.W.2d 454 (Iowa 2018). · cites it 8× “4 and that the vehicle was exempt from forfeiture under section 809A.5. Herrera and the State submitted briefs before the court issued its order on February 9, 2016.”

In the Matter of the Prop. Seized for Forfeiture From Samantha Thao & Karen Thao, Samantha Thao & Karen Thao (Iowa Ct. App. 2016). · cites it 6× “Samantha and Karen both assert they were not involved in any illegal activity and the money seized was therefore exempt from forfeiture under Iowa Code section 809A.5. They also argue the forfeiture of their currency violates the Excessive Fines Clauses of the Iowa and United…”

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 6× “We have previously read the legislative intent behind this section to allow fee-shifting “whenever a claimant successfully establishes a section 809A.5 exemption.” In re Mirzai, No.”

In the Matter of Prop. Seized from Dallas Edward Forkner (Iowa Ct. App. 2020). · cites it 2× “12(11) states, Subject to the exemptions contained in section 809A.5, a presumption arises that any property of a person is subject to forfeiture under this chapter if the state establishes any of the following: a.”

— Iowa Code § 809A.5(1) — 2 cases

In the Matter of Prop. Seized from Jean Carlos Herrera & Fernando Rodriguez, 912 N.W.2d 454 (Iowa 2018). “4 and that the vehicle was exempt from forfeiture under section 809A.5. Herrera and the State submitted briefs before the court issued its order on February 9, 2016.”

In the Matter of Prop. Seized From Jean Carlos Herrera & Fernando Rodriguez, Jean Carlos Herrera & Fernando Rodriguez, Claimants-Appellants. (Iowa Ct. App. 2017). “We have previously read the legislative intent behind this section to allow fee-shifting “whenever a claimant successfully establishes a section 809A.5 exemption.” In re Mirzai, No.”

— Iowa Code § 809A.5(2)(b) — 1 case

In the Matter of the Prop. Seized for Forfeiture From Samantha Thao & Karen Thao, Samantha Thao & Karen Thao (Iowa Ct. App. 2016). “Samantha and Karen both assert they were not involved in any illegal activity and the money seized was therefore exempt from forfeiture under Iowa Code section 809A.5. They also argue the forfeiture of their currency violates the Excessive Fines Clauses of the Iowa and United…”

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