MISCELLANEOUS LAWS
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the property forfeited to the state and specify the
manner of disposition of the property, including
the manner of disposition if the property is not
transferable for value.
(e) The court shall order forfeitures and dis-
positions under this section:
(1) with due provision for the rights of
innocent persons; and
(2) as provided under section 4 of this
chapter.
34-24-2-3. Procedures for seeking seizure.
When an action is filed under section 2 of
this chapter, the prosecuting attorney or the inspec-
tor general may move for an order to have prop-
erty subject to forfeiture seized by a law
enforcement agency. The judge shall issue such an
order upon a showing of probable cause to believe
that:
(1) a violation of IC 35-45-6-2, in the case
of property described in section 2(a) of
this chapter; or
(2) conduct described in section 2(b) of
this chapter, in case of property described
in section 2(b) of this chapter;
has occurred.
34-24-2-4. Seizure; procedures following
seizure; notice; answer.
(a) Property subject to forfeiture under this
chapter shall be seized by a law enforcement offi-
cer upon court order. Seizure may be made with-
out a court order only if:
(1) the seizure is incident to a lawful arrest
or search, or to an inspection under an
administrative inspection warrant; or
(2) the property subject to seizure has been
the subject of a prior judgment in favor of
the state in a forfeiture proceeding under
this chapter (or IC 34-4-30.5 before its
repeal).
(b) When property is seized under subsection
(a), pending forfeiture and final disposition, the law
enforcement officer making the seizure may:
(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 seized under subsection (a) (or IC
34-4-30.5-4(a) before its repeal) is not subject to
replevin, but is considered to be in the custody of
the law enforcement officer making the seizure,
subject only to order of the court. However, if a
seizure of property is made in accordance with
subsection (a), the prosecuting attorney or the
inspector general shall bring an action for forfei-
ture under section 2 of this chapter within:
(1) thirty (30) days after receiving notice
from any person claiming a right, title, or
interest in the property; or
(2) one hundred eighty (180) days after
the property is seized;
whichever occurs first.
(d) If an action under subsection (c) is not
filed within thirty (30) days after receiving notice
from any person claiming a right, title, or interest
in the property, the claimant:
(1) is entitled to file a complaint seeking:
(A) replevin;
(B) foreclosure; or
(C) other appropriate remedy; and
(2) shall immediately obtain a hearing on
the complaint as provided in subsection (f).
If an action is not filed within one hundred eighty
(180) days after the date of the seizure, and the
property has not been previously released to an
innocent person under section 5 of this chapter (or
IC 34-4-30.5-4.5 before its repeal), the law
enforcement agency whose officer made the
seizure shall return the property to its owner.
(e) If property is seized under subsection (a)
(or IC 34-4-30.5-4(a) before its repeal) and the
property is a vehicle or real property, the prose-
cuting attorney or the inspector general shall
serve, within thirty (30) days after the date the
property is seized and as provided by the Indiana
Rules of Trial Procedure, notice of seizure 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 vehicle or real property own-
ership interests.
(f) The person whose right, title, or interest is
of record may at any time file a complaint seek-
ing:
