§ 17-50-404 - Property subject to forfeiture. - Arkansas Statutes

17-50-404. Property subject to forfeiture.

The following are subject to forfeiture upon the initiation of a civil proceeding filed by the prosecuting attorney and when so ordered by the circuit court in accordance with this subchapter:

(1) Contraband property used or intended to be used in violation of 17-50-104;

(2) The proceeds gained from a violation of 17-50-104;

(3) Personal property acquired with proceeds gained from a violation of 17-50-104;

(4) (A) All conveyances, including vehicles and rigs, that are used or intended for use to facilitate a violation of 17-50-104.

(B) No conveyance used as a common carrier by any person in business as a common carrier is subject to forfeiture unless it appears that the owner or other person in charge of the conveyance is a consenting party or privy to a violation of this chapter.

(C) No conveyance is subject to forfeiture under this subchapter by reason of any act or omission established by the owners to have been committed or omitted without the owners' knowledge or consent.

(D) A forfeiture of a conveyance encumbered by a bona fide security interest is subject to the interest of the secured party or parties;

(5) All materials including pumping equipment, casing, piping, motors, and other equipment used or intended for use in violation of 17-50-104;

(6) (A) Everything of value furnished or intended to be furnished in exchange for a violation of 17-50-104 or all profits, proceeds, or property, excluding real property, traceable to such an exchange.

(B) It may be presumed that the property described in subdivision (6)(A) of this section was acquired with proceeds gained from a violation of 17-50-104 and is subject to forfeiture; and

(7) Property used in a violation of 17-50-104 that has title of ownership with two (2) parties on the title or a cosigner if one (1) party on the title uses the property in violation of 17-50-104 or receives titled property as the proceeds of the violation even if the second party claims that he or she did not have knowledge or involvement in the violation.