Kansas Statutes Annotated

K.S.A. § 60-4113 (2026)

In rem proceedings

✓ current as of May 2026

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60-4113. In rem proceedings. (a) A judicial in rem forfeiture proceeding brought by the plaintiff's attorney pursuant to a notice of pending forfeiture or verified petition for forfeiture is also subject to the provisions of this section. If a forfeiture is authorized by this act, it shall be ordered by the court in the in rem action.

(b) An action in rem may be brought by the plaintiff's attorney in addition to, or in lieu of, civil in personam forfeiture procedures. The seizing agency may serve the complaint in the manner provided by K.S.A. 60-4109(a)(3), and amendments thereto, or as provided by the rules of civil procedure.

(c) Only an owner of or an interest holder in the property who has timely filed a proper claim may file an answer in an action in rem. For the purposes of this section, an owner of or interest holder in property who has filed a claim and answer shall be referred to as a claimant.

(d) The answer shall be signed by the claimant under penalty of perjury, K.S.A. 21-5903, and amendments thereto, shall otherwise be in accordance with the rules of civil procedure on answers and shall also set forth the following:

(1) The caption of the proceedings and identifying number, if any, as set forth on the notice of pending forfeiture or complaint and the name of the claimant;

(2) the address where the claimant will accept mail;

(3) the nature and extent of the claimant's interest in the property; and

(4) a detailed description of when and how the claimant obtained an interest in the property.

(e) Substantial compliance with subsection (d) shall be deemed sufficient.

(f) It is permissible to assert the right against self-incrimination in an answer. If a claimant asserts the right, the court, in the court's discretion, may draw an adverse inference from the assertion against the claimant. The adverse inference shall not, by itself, be the basis of a judgment against the claimant.

(g) The answer shall be filed within 21 days after service of the civil in rem complaint.

(h) The issue shall be determined by the court alone. The plaintiff's attorney shall have the initial burden of proving the interest in the property is subject to forfeiture by clear and convincing evidence. If the state proves the interest in the property is subject to forfeiture, the claimant has the burden of showing by a preponderance of the evidence that the claimant has an interest in the property which is not subject to forfeiture.

(i) If the plaintiff's attorney fails to meet the burden of proof for forfeiture, or a claimant establishes by a preponderance of the evidence that the claimant has an interest that is exempt under the provisions of K.S.A. 60-4106, and amendments thereto, the court shall order the interest in the property returned or conveyed to the claimant. The court shall order all other property forfeited to the seizing agency and conduct further proceedings pursuant to K.S.A. 60-4116 and 60-4117, and amendments thereto.

History: L. 1994, ch. 339, § 13; L. 2010, ch. 135, § 194; L. 2011, ch. 30, § 226; L. 2018, ch. 26, § 10; L. 2024, ch. 79, § 7; July 1.

Notes of Decisions

Cited in 9 cases (2 in the last 5 years), 1998–2025 · leading case: State v. $6,618.00 U.S. Currency, 128 P.3d 413 (Kan. Ct. App. 2006).

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State v. $6,618.00 U.S. Currency, 128 P.3d 413 (Kan. Ct. App. 2006). · cites it 6× “The State then filed an in rem forfeiture action under K.S.A. 60-4113 of the Kansas Standard Asset Seizure and Forfeiture Act, K.”

Kansas High. Patrol ex rel. Settle v. 1985 Chevrolet Astro Van VinIGCDM15NOFB177466, 954 P.2d 718 (Kan. Ct. App. 1998). · cites it 4× “Subsections (g) and (h) of 60-4113 set forth the applicable burdens of proof for both parties: “(g) The issue shall be determined by the court alone, and the hearing on the claim shall be held within 60 days after service of the petition unless continued for good cause.”

In the Interest of B.H., 80 P.3d 396 (Kan. Ct. App. 2003). · cites it 3× “2d at 261 , the court dealt with the language of K.S.A. 60-4113(g) of the Kansas Standard Asset Seizure and Forfeiture Act (KSASFA).”

State v. Residential Unit & Real Est. at 930 Windwood 2, 983 P.2d 865 (Kan. Ct. App. 1999). · cites it 16× “K.S.A. 60-4113 is the controlling statutory provision for in rem forfeiture proceedings.”

State I-135/I-70 Drug Task Force v. 1990 Lincoln Town Car, 145 P.3d 921 (Kan. Ct. App. 2006). · cites it 2× “See K.S.A. 60-4113(g). Moreover, a claimant may have less of a motive to fully litigate issues in a forfeiture action than a defendant in a criminal case.”

City of Hoisington v. $2,044 in U.S. Currency, 8 P.3d 58 (Kan. Ct. App. 2000). “Under K.S.A. 60-4113(g), the City had the burden of proving by a preponderance of the evidence that defendant’s interest in the property was subject to forfeiture.”

United States v. Chandler, 18 F. Supp. 2d 1240 (D. Kan. 1998). · cites it 2× “Proceedings may be either in rem under the provisions of K.S.A. § 60-4113 or in personam under K.S.”

State of Kansas, ex rel. KHP v. $28,350 in U.S. Currency (Kan. Ct. App. 2025). “K.S.A. 2023 Supp. 60-4113(h) states: "The issue shall be determined by the court alone.”

State ex rel. Kansas High. Patrol v. $381,620 in U.S. Currency (Kan. Ct. App. 2025). “Under the statute in effect at the time, K.S.A. 2019 Supp. 60-4113(h), the State bore the initial burden to prove to the court that its interest in the currency is subject to forfeiture by the preponderance of the evidence.”

— K.S.A. § 60-4113(c) — 1 case

State v. $6,618.00 U.S. Currency, 128 P.3d 413 (Kan. Ct. App. 2006). “The State then filed an in rem forfeiture action under K.S.A. 60-4113 of the Kansas Standard Asset Seizure and Forfeiture Act, K.”

— K.S.A. § 60-4113(g) — 6 cases

In the Interest of B.H., 80 P.3d 396 (Kan. Ct. App. 2003). “2d at 261 , the court dealt with the language of K.S.A. 60-4113(g) of the Kansas Standard Asset Seizure and Forfeiture Act (KSASFA).”

State v. Residential Unit & Real Est. at 930 Windwood 2, 983 P.2d 865 (Kan. Ct. App. 1999). “K.S.A. 60-4113 is the controlling statutory provision for in rem forfeiture proceedings.”

State I-135/I-70 Drug Task Force v. 1990 Lincoln Town Car, 145 P.3d 921 (Kan. Ct. App. 2006). “See K.S.A. 60-4113(g). Moreover, a claimant may have less of a motive to fully litigate issues in a forfeiture action than a defendant in a criminal case.”

Kansas High. Patrol ex rel. Settle v. 1985 Chevrolet Astro Van VinIGCDM15NOFB177466, 954 P.2d 718 (Kan. Ct. App. 1998). “Subsections (g) and (h) of 60-4113 set forth the applicable burdens of proof for both parties: “(g) The issue shall be determined by the court alone, and the hearing on the claim shall be held within 60 days after service of the petition unless continued for good cause.”

— K.S.A. § 60-4113(h) — 3 cases

State of Kansas, ex rel. KHP v. $28,350 in U.S. Currency (Kan. Ct. App. 2025). “K.S.A. 2023 Supp. 60-4113(h) states: "The issue shall be determined by the court alone.”

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