(1) Upon a judgment of forfeiture under KRS 242.320, the court shall direct the sheriff to sell the property. The sale shall be made in the same manner as sales under execution, and the same fees shall be allowed the officers conducting the sale.
(2) The sheriff shall pay first out of the purchase money any valid recorded liens on the property so sold. The court may in its discretion order a sale subject to the liens.
(3) No lien on any property so sold shall be paid unless it is recorded prior to the committing of the nuisance and unless the lienor can establish he had no knowledge of the nuisance.
(4) If the petition is filed by a private citizen and a sale ordered, the citizen shall receive ten percent (10%) of the net proceeds of sale of any property under any judgment of forfeiture, after deducting costs and all valid liens.
(5) The sheriff, after payment of liens, costs and fees, shall pay the balance of the proceeds of sale to the circuit clerk, who shall transmit the balance as in the case of other forfeitures. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2554c-24.
Notes of Decisions
Cited in
5
cases, 1946–1964 · leading case:
Bratcher v. Ashley, 243 S.W.2d 1011 (Ky. Ct. App. 1951).
Bratcher v. Ashley, 243 S.W.2d 1011 (Ky. Ct. App. 1951).
· cites it 6× “KRS 242.330 provides in part: “(1) Upon a judgment of forfeiture under KRS 242.”
Miller, Com'r. of Fin. v. Franklin Cnty., 195 S.W.2d 315 (Ky. Ct. App. 1946).
· cites it 2× “” Section 242.330 of KRS provides for the sale of such forfeited property and with the proceeds to discharge any lien that might exist thereon and then distribute the balance according to the terms of the statute.”
Eagle v. Burks, 201 S.W.2d 890 (Ky. Ct. App. 1947).
“KRS 242.330. As to claimed jurisdiction of the inferior court, appellant directs us to KRS 242.”
Worthington v. Commonwealth ex rel. Smith, 304 S.W.2d 926 (Ky. Ct. App. 1957).
“The judgment entered at this hearing ordered a forfeiture of the property as provided by KRS 242.330. The Worthingtons have appealed from the judgment, asking a reversal on the grounds that: (1) The court erred in overruling their motion for a continuance of the first hearing of…”
Commonwealth ex rel. Williams v. Wilson, 381 S.W.2d 620 (Ky. Ct. App. 1964).
“…forfeited, whereas both the 1922 act and the KRS version now in force, KRS 242.310, use the expression “shall be.” . KRS 242.330(4).”
— Ky. Rev. Stat. § 242.330(2) — 1 case
Bratcher v. Ashley, 243 S.W.2d 1011 (Ky. Ct. App. 1951).
“KRS 242.330 provides in part: “(1) Upon a judgment of forfeiture under KRS 242.”
— Ky. Rev. Stat. § 242.330(4) — 1 case
Commonwealth ex rel. Williams v. Wilson, 381 S.W.2d 620 (Ky. Ct. App. 1964).
“…forfeited, whereas both the 1922 act and the KRS version now in force, KRS 242.310, use the expression “shall be.” . KRS 242.330(4).”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.