Kansas Statutes Annotated

K.S.A. § 65-4171 (2026)

✓ current as of May 2026
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65-4171.

History: L. 1988, ch. 258, § 4; L. 1990, ch. 232, § 2; Repealed, L. 1994, ch. 339, § 28; July 1.

CASE ANNOTATIONS

1. Property forfeiture provisions (K.S.A. 61-4135) examined; "facilitate" and "owner" defined. State ex rel. Love v. One 1967 Chevrolet, 247 Kan. 469, 470, 799 P.2d 1043 (1990).

2. Trier of fact noted as determining whether forfeiture warranted where vehicle used solely for transporting principals to drug transactions. State v. One 1984 Chevrolet Corvette, 16 Kan. App. 2d 5, 7, 818 P.2d 800 (1991).

3. Failure by prosecution to satisfy statutory notice requirements in serving defendant rendered judgment void; trial court reversed. State v. U.S. Currency in the amount of $3,743.25 Kan. App. 2d 54, 55, 956 P.2d 1351 (1998).


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Notes of Decisions
Cited in 7 cases, 1990–1999 · leading case: State Ex Rel. Love v. One 1967 Chevrolet El Camino Bearing Vin 136807Z141367, 799 P.2d 1043 (Kan. 1990).
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State Ex Rel. Love v. One 1967 Chevrolet El Camino Bearing Vin 136807Z141367, 799 P.2d 1043 (Kan. 1990). · cites it 6× “65-4135 and K.S.A. 1989 Supp. 65-4171. The trial court ordered forfeiture of a 1967 Chevrolet El Camino, a 1977 Chevrolet Corvette, and a 1961 Bole trailer house, ruling that the State had shown by clear and convincing evidence that the conveyances were: (1) subject to…”
Thompson v. State, 929 P.2d 803 (Kan. Ct. App. 1996). · cites it 4× “On February 8, 1993, sometime before the plea and conviction in the criminal offense, the City of Lenexa decreed forfeiture of Thompson’s vehicle pursuant to K.S.A. 65-4171. The forfeiture was based on its use during the above criminal activity.”
State v. U.S. Currency in the Amount of $3,743, 956 P.2d 1351 (Kan. Ct. App. 1998). · cites it 4× “: The State brought this forfeiture action pursuant to K.S.A. 65-4171. The district court determined that Dale Clayton was in default and ordered the sum of $3,743 forfeited to the State.”
State v. Yeoman, 951 P.2d 964 (Kan. Ct. App. 1997). · cites it 2× “2d 803 (1996), this court decided the same basic issue raised in this case as to whether the forfeiture provisions of K.S.A. 65-4171 constituted “punishment” within the meaning of the Double Jeopardy Clause.”
State v. One 1984 Chevrolet Corvette, 818 P.2d 800 (Kan. Ct. App. 1991). · cites it 2× “K.S.A. 1989 Supp. 65-4171 reads: “(a) The county or district attorney within whose jurisdiction there is property which is sought to be forfeited pursuant to K.”
State v. Residential Unit & Real Est. at 930 Windwood 2, 983 P.2d 865 (Kan. Ct. App. 1999). · cites it 4× “Once the forfeiture proceeding was instituted, however, K.S.A. 65-4171 did not specify a time period for a hearing after service of the petition.”
Ulmer v. City of Overland Park, Kan., 784 F. Supp. 807 (D. Kan. 1992). · cites it 2× “One and one-half hours after defendant Tippie had seized plaintiff’s automobile, defendant City, pursuant to K.S.A. 65-4171 et seq., filed a Petition for Forfeiture against the automobile in the District Court of Johnson County, Kansas, in the case styled *811 City of Overland…”
— K.S.A. § 65-4171(a) — 1 case
Thompson v. State, 929 P.2d 803 (Kan. Ct. App. 1996). “On February 8, 1993, sometime before the plea and conviction in the criminal offense, the City of Lenexa decreed forfeiture of Thompson’s vehicle pursuant to K.S.A. 65-4171. The forfeiture was based on its use during the above criminal activity.”
— K.S.A. § 65-4171(b)(2) — 1 case
State Ex Rel. Love v. One 1967 Chevrolet El Camino Bearing Vin 136807Z141367, 799 P.2d 1043 (Kan. 1990). “65-4135 and K.S.A. 1989 Supp. 65-4171. The trial court ordered forfeiture of a 1967 Chevrolet El Camino, a 1977 Chevrolet Corvette, and a 1961 Bole trailer house, ruling that the State had shown by clear and convincing evidence that the conveyances were: (1) subject to…”
— K.S.A. § 65-4171(c) — 2 cases
State v. U.S. Currency in the Amount of $3,743, 956 P.2d 1351 (Kan. Ct. App. 1998). “: The State brought this forfeiture action pursuant to K.S.A. 65-4171. The district court determined that Dale Clayton was in default and ordered the sum of $3,743 forfeited to the State.”
State v. Residential Unit & Real Est. at 930 Windwood 2, 983 P.2d 865 (Kan. Ct. App. 1999). “Once the forfeiture proceeding was instituted, however, K.S.A. 65-4171 did not specify a time period for a hearing after service of the petition.”
— K.S.A. § 65-4171(d) — 2 cases
State Ex Rel. Love v. One 1967 Chevrolet El Camino Bearing Vin 136807Z141367, 799 P.2d 1043 (Kan. 1990). “65-4135 and K.S.A. 1989 Supp. 65-4171. The trial court ordered forfeiture of a 1967 Chevrolet El Camino, a 1977 Chevrolet Corvette, and a 1961 Bole trailer house, ruling that the State had shown by clear and convincing evidence that the conveyances were: (1) subject to…”
State v. One 1984 Chevrolet Corvette, 818 P.2d 800 (Kan. Ct. App. 1991). “K.S.A. 1989 Supp. 65-4171 reads: “(a) The county or district attorney within whose jurisdiction there is property which is sought to be forfeited pursuant to K.”
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