PUBLIC HEALTH CODE
Act 368 of 1978
333.7524 Disposition of forfeited property; donation of lights and scales for educational purposes; appointment, compensation, and authority of receiver to dispose of forfeited real property; expenses of forfeiture proceedings; court order.
Sec. 7524.
(1) When property is forfeited under this article, the local unit of government that seized the property may do any of the following, or if the property is seized by or in the custody of this state, the state may do any of the following, subject to section 7523(1)(d):
(a) Retain the property for official use.
(b) Sell the property that is not required to be destroyed by law and that is not harmful to the public. The proceeds and any money, negotiable instruments, securities, or any other thing of value as described in section 7521(1)(f) that are forfeited under this article shall be deposited with the treasurer of the entity having budgetary authority over the seizing agency and applied as follows:
(i) For the payment of proper expenses of the proceedings for forfeiture and sale, including expenses incurred during the seizure process, maintenance of custody, advertising, and court costs, except as otherwise provided in subsection (4).
(ii) The balance remaining after the payment of expenses shall be distributed by the court having jurisdiction over the forfeiture proceedings to the treasurer of the entity having budgetary authority over the seizing agency. If more than 1 agency was substantially involved in effecting the forfeiture, the court having jurisdiction over the forfeiture proceeding shall equitably distribute the money among the treasurers of the entities having budgetary authority over the seizing agencies. A seizing agency may direct that the funds or a portion of the funds it would otherwise have received under this subsection be paid to nonprofit organizations whose primary activity is to assist law enforcement agencies with drug-related criminal investigations and obtaining information for solving crimes. The money received by a seizing agency under this subparagraph and all interest and other earnings on money received by the seizing agency under this subparagraph shall be used only for law enforcement purposes, as appropriated by the entity having budgetary authority over the seizing agency. A distribution made under this subparagraph shall serve as a supplement to, and not a replacement for, funds otherwise budgeted for law enforcement purposes.
(c) Require the administrator to take custody of the property and remove it for disposition in accordance with law.
(d) Forward it to the bureau for disposition.
(2) Notwithstanding subsection (1), this state or local units of government may donate lights for plant growth or scales forfeited under this article to elementary or secondary schools or institutions of higher education that request in writing to receive those lights or scales under this subsection, for educational purposes. This state or local units of government shall donate lights and scales under this subsection to elementary or secondary schools or institutions of higher education in the order in which the written requests are received. This state or local units of government may limit the number of lights and scales available to each requestor.
(3) In the course of selling real property under subsection (1)(b), the court that has entered an order of forfeiture may, on motion of the agency to whom the property has been forfeited, appoint a receiver to dispose of the real property forfeited. The receiver is entitled to reasonable compensation. The receiver has authority to do all of the following:
(a) List the forfeited real property for sale.
(b) Make whatever arrangements are necessary for the maintenance and preservation of the forfeited real property.
(c) Accept offers to purchase the forfeited real property.
(d) Execute instruments transferring title to the forfeited real property.
(4) If a court enters an order of forfeiture, the court may order a person who claimed an interest in the forfeited property under section 7523(1)(c) to pay the expenses of the proceedings of forfeiture to the entity having budgetary authority over the seizing agency.
History: 1978, Act 368, Eff. Sept. 30, 1978 ;-- Am. 1982, Act 251, Imd. Eff. Sept. 29, 1982 ;-- Am. 1985, Act 135, Imd. Eff. Sept. 30, 1985 ;-- Am. 1988, Act 7, Imd. Eff. Feb. 8, 1988 ;-- Am. 1990, Act 30, Eff. Mar. 28, 1991 ;-- Am. 1990, Act 336, Eff. Apr. 1, 1991 ;-- Am. 1994, Act 8, Imd. Eff. Feb. 24, 1994 ;-- Am. 2006, Act 558, Imd. Eff. Dec. 29, 2006 ;-- Am. 2011, Act 161, Imd. Eff. Oct. 4, 2011 ;-- Am. 2016, Act 418, Eff. Apr. 4, 2017
PopularName Notes:
Act 368
Notes of Decisions
In re Forfeiture of 1987 Mercury, 652 N.W.2d 675 (Mich. Ct. App. 2002).
· cites it 5× “” MCL 333.7524(l)(a) and (b). 1 *541 The governmental unit must direct proceeds from the sale of forfeited property to “the treasurer of the entity having budgetary authority over the seizing agency,” which must apply the proceeds as follows: (i) For the payment of proper…”
In Re Forfeiture of $5,264, 439 N.W.2d 246 (Mich. 1989).
· cites it 2× “15(7523) and MCL 333.7524; MSA 14.15(7524), the provisions immediately following § 7521 in the controlled substances act, reveals that the Legislature undoubtedly contemplated the forfeiture of real property under § 7521(1)(f).”
In re Forfeiture of $109,901, 533 N.W.2d 328 (Mich. Ct. App. 1995).
“15(7523X1); see also MCL 333.7524; MSA 14.15(7524). We reject the contention that an inchoate property interest in the cash arose at the time the officers were shot, before the seizure.”
In Re Forfeiture of $256, 517 N.W.2d 732 (Mich. 1994).
“[4] MCL 333.7524(1); MSA 14.15(7524)(1). Mr. Gumar objects that the circuit court file does not contain confirmation that there has been a disposition of the forfeited assets.”
In re Forfeiture of 19203 Albany, 532 N.W.2d 915 (Mich. Ct. App. 1995).
“MCL 333.7524(2); MSA 14.15(7524)(2) provides, in part: In the course of selling real property pursuant to subsection (l)(b), the court that has entered an order of forfeiture may, on motion of the agency to whom the property has been forfeited, appoint a receiver to dispose of…”
In Re Forfeiture of Suitcases & Miscellaneous Items, 483 N.W.2d 650 (Mich. Ct. App. 1992).
“MCL 333.7524(l)(b)(ii); MSA 14.15(7524)(l)(b)(ii) provides that agencies "substantially involved in effecting the forfeiture” are to participate in the equitable distribution of the forfeited assets.”
People v. Gumar, 445 Mich. 279 (Mich. 1994).
“MCL 333.7524(1); MSA 14.15(7524)(1). Mr. Gumar objects that the circuit court file does not contain confirmation that there has been a disposition of the forfeited assets.”
People v. Mierzejewski, 452 Mich. 659 (Mich. 1996).
“Accordingly, we reverse the decision of the Court of Appeals and order the property disposed of in accordance with MCL 333.7524; MSA 14.15(7524). Brickley, C.”
Gerald Ostipow v. William Federspiel (6th Cir. 2020).
· cites it 2× “Rejecting the Ostipows’ claim, the Saginaw County Circuit Court entered an order of forfeiture directing the Sheriff’s Department to dispose of the property as directed by Mich. Comp. Laws § 333.7524 . The Ostipows appealed.”
— Mich. Comp. Laws § 333.7524(1) — 2 cases
In Re Forfeiture of $256, 517 N.W.2d 732 (Mich. 1994).
“[4] MCL 333.7524(1); MSA 14.15(7524)(1). Mr. Gumar objects that the circuit court file does not contain confirmation that there has been a disposition of the forfeited assets.”
People v. Gumar, 445 Mich. 279 (Mich. 1994).
“MCL 333.7524(1); MSA 14.15(7524)(1). Mr. Gumar objects that the circuit court file does not contain confirmation that there has been a disposition of the forfeited assets.”
— Mich. Comp. Laws § 333.7524(1)(b)(ii) — 1 case
— Mich. Comp. Laws § 333.7524(2) — 1 case
In re Forfeiture of 19203 Albany, 532 N.W.2d 915 (Mich. Ct. App. 1995).
“MCL 333.7524(2); MSA 14.15(7524)(2) provides, in part: In the course of selling real property pursuant to subsection (l)(b), the court that has entered an order of forfeiture may, on motion of the agency to whom the property has been forfeited, appoint a receiver to dispose of…”
— Mich. Comp. Laws § 333.7524(b) — 1 case
— Mich. Comp. Laws § 333.7524(l)(a) — 1 case
In re Forfeiture of 1987 Mercury, 652 N.W.2d 675 (Mich. Ct. App. 2002).
“” MCL 333.7524(l)(a) and (b). 1 *541 The governmental unit must direct proceeds from the sale of forfeited property to “the treasurer of the entity having budgetary authority over the seizing agency,” which must apply the proceeds as follows: (i) For the payment of proper…”
— Mich. Comp. Laws § 333.7524(l)(b) — 1 case
In re Forfeiture of 1987 Mercury, 652 N.W.2d 675 (Mich. Ct. App. 2002).
“” MCL 333.7524(l)(a) and (b). 1 *541 The governmental unit must direct proceeds from the sale of forfeited property to “the treasurer of the entity having budgetary authority over the seizing agency,” which must apply the proceeds as follows: (i) For the payment of proper…”
— Mich. Comp. Laws § 333.7524(l)(b)(i) — 1 case
In re Forfeiture of 1987 Mercury, 652 N.W.2d 675 (Mich. Ct. App. 2002).
“” MCL 333.7524(l)(a) and (b). 1 *541 The governmental unit must direct proceeds from the sale of forfeited property to “the treasurer of the entity having budgetary authority over the seizing agency,” which must apply the proceeds as follows: (i) For the payment of proper…”
— Mich. Comp. Laws § 333.7524(l)(b)(ii) — 2 cases
In Re Forfeiture of Suitcases & Miscellaneous Items, 483 N.W.2d 650 (Mich. Ct. App. 1992).
“MCL 333.7524(l)(b)(ii); MSA 14.15(7524)(l)(b)(ii) provides that agencies "substantially involved in effecting the forfeiture” are to participate in the equitable distribution of the forfeited assets.”
— Mich. Comp. Laws § 333.7524(l)(c) — 1 case
In re Forfeiture of 1987 Mercury, 652 N.W.2d 675 (Mich. Ct. App. 2002).
“” MCL 333.7524(l)(a) and (b). 1 *541 The governmental unit must direct proceeds from the sale of forfeited property to “the treasurer of the entity having budgetary authority over the seizing agency,” which must apply the proceeds as follows: (i) For the payment of proper…”
— Mich. Comp. Laws § 333.7524(l)(d) — 1 case
In re Forfeiture of 1987 Mercury, 652 N.W.2d 675 (Mich. Ct. App. 2002).
“” MCL 333.7524(l)(a) and (b). 1 *541 The governmental unit must direct proceeds from the sale of forfeited property to “the treasurer of the entity having budgetary authority over the seizing agency,” which must apply the proceeds as follows: (i) For the payment of proper…”
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