MISCELLANEOUS LAWS
386
(a) Where disposition of property is to be
made at a public sale, notice of sale shall be pub-
lished in accordance with IC 34-55-6.
(b) When property is sold at a public sale
under this chapter, the proceeds shall be distrib-
uted in the following order:
(1) First, to the sheriff of the county for all
expenditures made or incurred in connec-
tion with the sale, including storage, trans-
portation, and necessary repair.
(2) Second, to any person:
(A) holding a valid lien, mortgage, land
contract, or interest under a conditional
sales contract or the holder of other
such interest; or
(B) who is a co-owner and has an own-
ership interest;
up to the amount of that person's interest
as determined by the court.
(3) The remainder, if any, shall be trans-
ferred by the sheriff to the appropriate
fund as ordered by the court in section
4(d) of this chapter.
34-24-1-7. Court order of forfeiture; filing.
(a) If the property seized was a vehicle, a
copy of the court's order under this chapter (or IC
34-4-30.1-7 before its repeal):
(1) shall be filed with the department of
motor vehicles or other appropriate agency;
and
(2) constitutes authority for the issuance of
clear title to that vehicle in the name of the
person or purchaser to whom the order
authorizes delivery.
(b) If the property seized was real property, a
copy of the court's order under this chapter (or IC
34-4-30.1-7 before its repeal):
(1) shall be filed with the county recorder;
and
(2) constitutes authority for:
(A) the sale of the property in the man-
ner provided under IC 34-55-6; and
(B) the issuance of clear title to a bona
fide purchaser for value who acquires
the real property at the sale.
34-24-1-8. Retention of attorney by
prosecutor.
(a) Aprosecuting attorney may retain an attor-
ney to bring an action under this chapter.
(b) An attorney retained under this section is
not required to be a deputy prosecuting attorney
but must be admitted to the practice of law in
Indiana.
34-24-1-9. Adoptive forfeiture and equitable
sharing.
(a) Upon motion of a prosecuting attorney
under IC 35-33-5-5(j), property seized under this
chapter must be transferred, subject to the per-
fected liens or other security interests of any per-
son in the property, to the appropriate federal
authority for disposition under 18 U.S.C.S. 981(e),
19 U.S.C.S. 1616a, or 21 U.S.C.S. 881(e) and
any related regulations adopted by the United
States Department of Justice.
(b) Money received by a law enforcement
agency as a result of a forfeiture under 18 U.S.C.S.
981(e), 19 U.S.C.S. 1616a, or 21 U.S.C.S. 881(e)
and any related regulations adopted by the United
States Department of Justice must be deposited
into a nonreverting fund and may be expended
only with the approval of:
(1) the executive (as defined in IC 36-1-2-
5), if the money is received by a local law
enforcement agency; or
(2) the governor, if the money is received
by a law enforcement agency in the exec-
utive branch.
The money received under this subsection must be
used solely for the benefit of any agency directly
participating in the seizure or forfeiture for pur-
poses consistent with federal laws and regula-
tions.
CIVIL REMEDIES FOR
RACKETEERING ACTIVITY
TITLE 34
ARTICLE 24
Chapter 2
34-24-2-1.
Action by prosecutor to enjoin violation;
burden of proof; orders.
34-24-2-2.
Forfeiture action by prosecutor or inspector
general; court order.
