§2609. Stipulation of exemptions
A. The district attorney may make a stipulation of exemption available in the following manner:
(1) If the district attorney makes a stipulation of exemption available, the district attorney shall so indicate in the Notice of Pending Forfeiture as provided in Section 2608 of this Chapter.
(2) An owner of or an interest holder in the property may elect to file a claim within thirty days after the Notice of Pending Forfeiture or a request for a stipulation of exemption with the district attorney within thirty days after the notice, but no request may be filed after a court action has been commenced by the state. The claim or request shall comply with the requirements for claims in Section 2610 of this Chapter.
B. The following shall apply if an owner or interest holder timely requests a stipulation of exemption:
(1) The district attorney shall provide the seizing agency and the requesting party with a written proposed stipulation of exemption and statement of nonexempt interests relating to any or all interest in the property in response to each requesting party within one hundred and twenty days after the effective date of the Notice of Pending Forfeiture.
(2) An owner of or interest holder in any property declared nonexempt may file a claim as described in Section 2610 of this Chapter within thirty days after notice pursuant to Paragraph (3) of Section 2608 of this Chapter of the statement of nonexempt interests.
(3) The district attorney may elect to proceed as provided herein for judicial forfeiture at any time.
(4) If no requesting party files a claim within thirty days after notice pursuant to Paragraph (3) of Section 2608 of this Chapter, of the statement of nonexempt interest, the stipulation of exemption and statement becomes final, and the district attorney shall proceed as provided in Sections 2615 and 2616 of this Chapter.
(5) If a judicial forfeiture proceeding follows a Notice of Pending Forfeiture which provides for the availability of stipulation of exemption:
(a) No duplicate or repetitive notice or claim is required. If a claim has been timely filed pursuant to Paragraph (2) of this Subsection, the claim shall be determined in a judicial forfeiture proceeding after the commencement of such a proceeding under the provisions of Sections 2612 and 2613 of this Chapter.
(b) The proposed stipulation of exemption and statement of nonexempt interest responsive to all requesting parties who subsequently filed claims are void and will be regarded as rejected offers to compromise.
C. If no request for stipulation or claim is timely filed, the district attorney shall proceed as provided in Sections 2615 and 2616 of this Chapter.
Acts 1989, No. 375, §1, eff. Jan. 1, 1990.
Notes of Decisions
State v. 2003 Infiniti G35 VIN JNKCV51E93MO24167, 27 So. 3d 824 (La. 2010).
· cites it 6× “R.S. 40:2609. La. R.S. 40:2615(A) provides in pertinent part: “If no claims are timely filed in an action in rem, the district attorney may apply for an order of forfeiture and allocation of forfeited property pursuant to Section 2616 of this Chapter.”
State v. Prop. Located at Oakland St., 727 So. 2d 1240 (La. Ct. App. 1999).
· cites it 4× “He alleges that he filed a timely request for stipulation of exemption, as per LSA-R.S. 40:2609; however, this does not appear in the record.”
State v. Prop. Seized From Terrance Martin, 37 So. 3d 1021 (La. Ct. App. 2010).
· cites it 3× “R.S. 40:2609. La. R.S. 40:2615(A) provides in pertinent part: “If no claims are timely filed in an action in rem, the district attorney may apply for an order of forfeiture and allocation of forfeited property pursuant to Section 2616 of this Chapter.”
State v. 2002 Chevrolet Trail Blazer, 91 So. 3d 487 (La. Ct. App. 2012).
· cites it 6× “La.Rev.Stat. § 40:2609(A)(2). 5 This claim must comply with the requirements set forth in La.”
State v. Marino, 193 So. 3d 371 (La. Ct. App. 2016).
· cites it 4× “R.S. 40:2609. La. R.S. 40:2615 A provides in pertinent part: “If no claims are timely filed in an action in rem, the district attorney may apply for an order of forfeiture - and allocation of forfeited property pursuant to Section 2616 of this Chapter.”
State v. Chisholm, 191 So. 3d 1161 (La. Ct. App. 2016).
· cites it 2× “R.S.,40:2609.” 2 Regardless of whether the State includes a stipulation of exemption in its notice of pending forfeiture, the owner or interest holder “must take affirmative steps in order to .”
State v. 790 CASH, 821 So. 2d 609 (La. Ct. App. 2002).
“R.S. 40:2609(B)(3). and (5)(a). In response to the State's seizure of the vehicle and its initial Notice of Pending Forfeiture procedure, Miller filed a rule to show cause to determine the propriety of the seizure and to have the vehicle returned to him.”
State v. Nourallah, 726 So. 2d 923 (La. Ct. App. 1998).
“R.S. 40:2609^10.3 On October 24, 1997 the State filed a petition for forfeiture in rem, pursuant to La.”
La. Rev. Stat. § 40:2609(A): 1 case
State v. Chisholm, 191 So. 3d 1161 (La. Ct. App. 2016).
“R.S.,40:2609.” 2 Regardless of whether the State includes a stipulation of exemption in its notice of pending forfeiture, the owner or interest holder “must take affirmative steps in order to .”
La. Rev. Stat. § 40:2609(A)(2): 3 cases
State v. 2003 Infiniti G35 VIN JNKCV51E93MO24167, 27 So. 3d 824 (La. 2010).
“R.S. 40:2609. La. R.S. 40:2615(A) provides in pertinent part: “If no claims are timely filed in an action in rem, the district attorney may apply for an order of forfeiture and allocation of forfeited property pursuant to Section 2616 of this Chapter.”
State v. Prop. Seized From Terrance Martin, 37 So. 3d 1021 (La. Ct. App. 2010).
“R.S. 40:2609. La. R.S. 40:2615(A) provides in pertinent part: “If no claims are timely filed in an action in rem, the district attorney may apply for an order of forfeiture and allocation of forfeited property pursuant to Section 2616 of this Chapter.”
La. Rev. Stat. § 40:2609(B)(1): 1 case
State v. 2003 Infiniti G35 VIN JNKCV51E93MO24167, 27 So. 3d 824 (La. 2010).
“R.S. 40:2609. La. R.S. 40:2615(A) provides in pertinent part: “If no claims are timely filed in an action in rem, the district attorney may apply for an order of forfeiture and allocation of forfeited property pursuant to Section 2616 of this Chapter.”
La. Rev. Stat. § 40:2609(B)(3): 2 cases
State v. Prop. Located at Oakland St., 727 So. 2d 1240 (La. Ct. App. 1999).
“He alleges that he filed a timely request for stipulation of exemption, as per LSA-R.S. 40:2609; however, this does not appear in the record.”
State v. 790 CASH, 821 So. 2d 609 (La. Ct. App. 2002).
“R.S. 40:2609(B)(3). and (5)(a). In response to the State's seizure of the vehicle and its initial Notice of Pending Forfeiture procedure, Miller filed a rule to show cause to determine the propriety of the seizure and to have the vehicle returned to him.”
La. Rev. Stat. § 40:2609(C): 1 case
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