§2605. Exemptions
A property interest is exempt from forfeiture under this Chapter if its owner or holder establishes all of the following:
(1) That he is not legally accountable for the conduct giving rise to its forfeiture, did not consent to it, and did not know and could not reasonably have known of the conduct or that it was likely to occur.
(2) That he had not acquired and did not stand to acquire substantial proceeds from the conduct giving rise to its forfeiture other than as an interest holder in bona fide commercial transaction.
(3) That with respect to conveyances for transportation only, he did not hold the property jointly, in common, or in community with a person whose conduct gave rise to its forfeiture.
(4) That he does not hold the property for the benefit of or as an agent for any person whose conduct gave rise to its forfeiture, and, if the owner or interest holder acquired his interest through any such person, the owner or interest holder acquired it as a bona fide purchaser for value not knowingly taking part in an illegal transaction.
(5) That no person whose conduct gave rise to its forfeiture had the authority to convey the interest to a bona fide purchaser for value at the time of the conduct.
(6) That the owner or interest holder acquired the interest after the completion of the conduct giving rise to its forfeiture and that the owner or interest holder acquired the interest under all of the following conditions:
(a) As a bona fide purchaser for value who was not knowingly taking part in an illegal transaction.
(b) Before the filing of a forfeiture lien on it and before the effective date of a Notice of Pending Forfeiture relating to it, and without notice of its seizure for forfeiture under this Chapter.
(c) At the time the interest was acquired, there was no reasonable cause to believe that the property was subject to forfeiture or likely to become subject to forfeiture under this Chapter.
Acts 1989, No. 375, §1, eff. Jan. 1, 1990.
Notes of Decisions
State v. $144,320.00 Tina Beers, 105 So. 3d 694 (La. 2012).
· cites it 3× “R.S. 40:2605.” 3 They do not, however, allege any facts supporting those assertions.”
State v. Clark, 670 So. 2d 493 (La. Ct. App. 1996).
· cites it 2× “R.S. 40:2605 contains the exemptions from forfeiture for innocent owners or interest holders.”
State v. One (1) 1991 Pontiac Trans Sport Van, 716 So. 2d 446 (La. Ct. App. 1998).
“R.S.40:2605. . We note that the transcript indicates the state introduced into evidence exhibit number 3, a consent to search form executed by Francisco Hevia (incorrectly spelled as "Javier”).”
State v. Cash Totalling $15,156.00, 623 So. 2d 114 (La. Ct. App. 1993).
“If the claimant proves by a preponderance of the evidence that the claimant and the property are not connected to the drug activity, and therefore exempt under LSA-R.S. 40:2605, “the court shall order the interest in the property returned or conveyed to the claimant.”
State v. Chisholm, 191 So. 3d 1161 (La. Ct. App. 2016).
· cites it 3× “R.S. 40:2605, 3 but instead states generally that *1165 the property is not subject to seizure.”
State v. Prop. Seized From Terrance Martin, 37 So. 3d 1021 (La. Ct. App. 2010).
“Additionally, a property interest may be exempt from forfeiture if its owner can establish certain facts, pursuant to LSA-R.S. 40:2605. According to LSA-R.S. 40:2609(A)(2), an owner of or an interest holder in the property may elect to file a claim within thirty days after the…”
State v. Birdwell, 92 So. 3d 1107 (La. Ct. App. 2012).
“…subject to forfeiture is described in La. R.S. 40:2604. Property intérests exempt from forfeiture are outlined in La. R.S. 40:2605.”
State v. Johnson, 951 So. 2d 1239 (La. Ct. App. 2007).
“R.S. 40:2605. After various continuances, argument on the Defendant's application was heard on July 13, 2004.”
State v. Boyd, 119 So. 3d 105 (La. Ct. App. 2013).
“R.S. 40:2605. Based on this, we find that the matter at bar, the forfeiture of the pick-up truck and cocaine, is an independent civil matter and that its pursuit in State court does not depend on any criminal conviction or even prosecution, in any court.”
State v. Watson, 151 So. 3d 120 (La. Ct. App. 2014).
“40:2604 and LSA-R.S. 40:2605 and furthermore because no basis exists to support the assertion that said vehicle was derived from the sale of any illegal drugs as suggested by the District Attorney’s office, I respectfully request that said 2007 Dodge Ram 1500 Quad ST/SLT, VIN…”
La. Rev. Stat. § 40:2605(1): 2 cases
State v. Clark, 670 So. 2d 493 (La. Ct. App. 1996).
“R.S. 40:2605 contains the exemptions from forfeiture for innocent owners or interest holders.”
La. Rev. Stat. § 40:2605(3): 1 case
La. Rev. Stat. § 40:2605(6): 1 case
State v. Chisholm, 191 So. 3d 1161 (La. Ct. App. 2016).
“R.S. 40:2605, 3 but instead states generally that *1165 the property is not subject to seizure.”
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