MISCELLANEOUS LAWS
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(b) When property is seized under subsection
(a), the law enforcement agency making the
seizure may, pending final disposition:
(1) place the property under seal;
(2) remove the property to a place desig-
nated by the court; or
(3) require another agency authorized by
law to take custody of the property and
remove it to an appropriate location.
(c) Property that is seized under subsection (a)
(or IC 34-4-30.1-2(a) before its repeal) is not sub-
ject to replevin but is considered to be in the cus-
tody of the law enforcement agency making the
seizure.
34-24-1-3. Procedures following seizure;
filing complaint; notice; answer.
(a) The prosecuting attorney for the county in
which the seizure occurs may, within ninety (90)
days after receiving written notice from the owner
demanding return of the seized property or within
one hundred eighty (180) days after the property
is seized, whichever occurs first, cause an action
for reimbursement of law enforcement costs and
forfeiture to be brought by filing a complaint in
the circuit or superior court in the jurisdiction
where the seizure occurred. The action must be
brought:
(1) in the name of the state or the state
and the unit that employed the law enforce-
ment officers who made the seizure if the
state was not the employer; and
(2) within the period that a prosecution
may be commenced under IC 35-41-4-2 for
the offense that is the basis for the seizure.
(b) If the property seized was a vehicle or real
property, the prosecuting attorney shall serve,
under the Indiana Rules of Trial Procedure, a
copy of the complaint upon each person whose
right, title, or interest is of record in the bureau of
motor vehicles, in the county recorder's office, or
other office authorized to receive or record vehi-
cle or real property ownership interests.
(c) The owner of the seized property, or any
person whose right, title, or interest is of record
may, within twenty (20) days after service of the
complaint under the Indiana Rules of Trial
Procedure, file an answer to the complaint and may
appear at the hearing on the action.
(d) If, at the end of the time allotted for an
answer, there is no answer on file, the court, upon
motion, shall enter judgment in favor of the state
and the unit (if appropriate) for reimbursement of
law enforcement costs and shall order the property
disposed of in accordance with section 4 of this
chapter.
34-24-1-4. Burden of proof; judgment; use of
property; order.
(a) At the hearing, the prosecuting attorney
must show by a preponderance of the evidence that
the property was within the definition of property
subject to seizure under section 1 of this chapter.
If the property seized was a vehicle, the prose-
cuting attorney must also show by a preponder-
ance of the evidence that a person who has an
ownership interest of record in the bureau of
motor vehicles knew or had reason to know that
the vehicle was being used in the commission of
the offense.
(b) If the prosecuting attorney fails to meet the
burden of proof, the court shall order the property
released to the owner.
(c) If the court enters judgment in favor of the
state, or the state and a unit (if appropriate), the
court, subject to section 5 of this chapter, shall
order delivery to the law enforcement agency that
seized the property. The court's order may permit
the agency to use the property for a period not to
exceed three (3) years. However, the order must
require that, after the period specified by the court,
the law enforcement agency shall deliver the
property to the county sheriff for public sale.
(d) If the court enters judgment in favor of the
state, or the state and a unit (if appropriate), the
court shall, subject to section 5 of this chapter:
(1) determine the amount of law enforce-
ment costs; and
(2) order that:
(A) the property, if it is not money or
real property, be sold under section 6
of this chapter, by the sheriff of the
county in which the property was
seized, and if the property is a vehicle,
this sale must occur after any period of
use specified in subsection (c);
(B) the property, if it is real property,
be sold in the same manner as real
