28-4-290
Section 28-4-290 Advertisement and sale by sheriff, etc., of vehicle, animal, etc.,
seized for illegal transportation of liquor or beverages where owner, etc., cannot be ascertained;
rights in seized vehicles, animals, etc., disposed of upon such sale by sheriff or sale by
court in condemnation proceedings. Any sheriff or other officer who seizes or comes into possession
of such vehicle, animal or property illegally used for the transportation of liquor
or beverages within or into the state and does not know or cannot ascertain the possessor
or owner thereof shall advertise and sell the same according to the rules for selling personal
property under execution, and both the court in condemnation proceedings and the said officer
on advertisement shall sell the right of all interested persons in and to said conveyances,
vehicles and other property who aided or assisted in the illegal transportation or who had
knowledge or notice thereof or could by reasonable diligence have obtained...
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9-13-224
Section 9-13-224 Notice to creditors; institution of condemnation proceedings; legal title
to equipment. At least 60 days prior to the institution of condemnation proceedings as herein
provided, notice shall be given by the court to any creditor who is known to have a secured
interest, a judgment, lien or other interest in any vehicle or equipment seized pursuant to
this article. Such creditors may claim their property during said 60-day period. Thereafter,
the district attorney or other prosecuting officer of the judicial circuit upon receiving
such report shall at once institute, or cause to be instituted, condemnation proceedings in
the circuit court, in the same manner that he is directed by law to institute proceedings
for the condemnation and forfeiture of automobiles and other vehicles used in the illegal
transportation of alcoholic beverages. The legal title to any vehicle and other equipment
seized under this article shall be presumed to be vested with the person, firm, or...
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28-4-288
Section 28-4-288 Execution of bond by defendant or claimant for recovery of seized vehicle,
etc., pending appeal; proceedings upon failure of bondsmen to deliver said vehicle, etc.,
upon affirmance of judgment upon appeal, etc. Whenever a conveyance, vehicle of any kind or
animal used in drawing the same is seized by an officer of the state under the prohibition
laws of this state and has been condemned by the circuit court that tried the action, the
defendant in the proceedings or the claimant of the property, pending an appeal to the Supreme
Court or Court of Civil Appeals, may, upon motion, have the court immediately appraise the
value of said property and of the several items separately and shall have the right to execute
a bond with two good sureties in double the appraised value of such property or of any item
or items thereof, to be approved by the clerk or register of the circuit court, conditioned,
in the event the appeal is affirmed or reversed and the conveyance, vehicle,...
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3-5-12
Section 3-5-12 Proceedings for recovery of livestock or animal by owner; determination
of validity of seizure, amount of damages, etc., where owner unknown, etc.; fees and costs
of district court judge and officer making seizure; appeals from judgment of district court.
(a) The owner of any livestock or animal which has been seized shall have the right
to possession of the same by paying such judgment and the costs thereof or, if no judgment
has been entered, by paying such damages as may be agreed upon together with fees and costs
and expenses due on account of such seizure to the person or officer so seizing such livestock
or animal or to the person who may at the time of such payment have such livestock
or animal in his possession and by paying to the court the costs of the court incurred
to the time of such payment. Should the parties be unable to agree upon the amount of damages,
fees, costs and expenses due, either party shall have the right to go before any district
court judge...
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24-9-8
Section 24-9-8 Quiet title and foreclosure action. (a) The authority may initiate a quiet title
action under this section to quiet title to real property held by the authority or interests
in tax delinquent property held by the authority by recording with the office of the judge
of probate in the county in which the property subject to quiet title action is located a
notice of pending quiet title action. The notice shall include the name of the taxpayer whose
interest was affected by the tax sale; the name of any other party as revealed by a search
and examination of the title to the property who may claim an interest in the property; a
legal description of the property; the street address of the property if available; the name,
address, and telephone number of the authority; a statement that the property is subject to
the quiet title proceedings under Act 2013-249; and a statement that any legal interests in
the property may be extinguished by a circuit court order vesting title to...
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28-3-242
Section 28-3-242 Procedure for confiscation and sale of goods, etc.; nature of proceedings
against goods, etc.; court proceedings for collection of tax due and assessed. (a) In all
cases of seizure of any goods, wares, merchandise or other property made as being subject
to forfeiture under provisions of this chapter which, in the opinion of the officer or person
making the seizure, are of the appraised value of $50.00 or more, the said officer or person
shall proceed as follows. He shall cause a list containing a particular description of the
goods, wares, merchandise or other property seized to be prepared in duplicate and appraisement
thereof, to be made by three sworn appraisers to be selected by him, who shall be respectable
and disinterested citizens of the State of Alabama, residing within the county wherein the
seizure was made. Said list and appraisement shall be properly attested by said officer or
persons, and said appraisers, for which service each of said appraisers shall...
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9-11-252.1
Section 9-11-252.1 Motor vehicle, weapons, etc., used in nighttime deer hunting declared contraband;
seizure report; condemnation and forfeiture; disposition of proceeds. (a) Any motor vehicle,
or any gun, rifle, ammunition or other hunting equipment which has been or is used for illegal
nighttime deer hunting shall be contraband, and, in the discretion of the circuit court may
be forfeited to the State of Alabama, as hereinafter provided. (b) The sheriff or any other
person authorized to enforce the game and fish laws of this state who apprehends any person
hunting deer in the nighttime, or who finds any vehicle which is being or has been used in
such illegal nighttime hunting shall seize such vehicle and any gun, rifle, ammunition or
other deer hunting equipment found in the possession of or on the person of such person or
in or on such vehicle and shall report such seizure and the facts connected therewith to the
district attorney or other prosecuting official in the judicial...
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15-5-63
Section 15-5-63 Proof; forfeiture procedures. The state must prove to the court's reasonable
satisfaction that the proceeds, property, or instrumentality of any kind were used in, intended
to be used in, or derived from, a felony offense. Except as provided otherwise in this article,
the manner, method, and procedure for the seizure, forfeiture, condemnation, and disposition
shall be the same as that set out in Section 20-2-93 and Sections 28-4-286 through 28-4-290,
inclusive, except for the following: (1) An innocent owner's or bona fide lienholder's interest
in any type of property shall not be forfeited under this article for any act or omission
unless the state proves that the act or omission was committed or omitted with the knowledge
or consent of that owner or lienholder. (2) The state may stipulate that the interest of an
innocent owner or bona fide lienholder is exempt from forfeiture upon presentation of proof
of the claim. The state shall file the stipulation with the court...
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13A-10-207
Section 13A-10-207 Forfeiture of property. (a) All of the following property, real or personal,
shall be subject to forfeiture: (1) All raw materials, products, and equipment of any kind
which are used or intended for use in manufacturing, cultivating, growing, compounding, processing,
delivering, importing, or exporting any explosives or destructive devices in violation of
Act 2009-718. (2) All property which is used or intended for use as a container for property
described in subdivision (1). (3) All moneys, negotiable instruments, securities, other things
of value furnished or intended to be furnished by any person in exchange for explosives or
destructive devices in violation of any law of this state; all proceeds traceable to the exchange;
and all moneys, negotiable instruments, and securities used or intended to be used to facilitate
any violation of Act 2009-718. (4) All conveyances, including aircraft, vehicles, or vessels,
or agricultural machinery, which are used, or are...
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40-25-9
Section 40-25-9 Procedure when goods are confiscated. In all cases of seizure of any goods,
wares, merchandise, or other property hereafter made as being subject to forfeiture under
provisions of this article: (1) The officer or person making the seizure shall cause a list
containing a particular description of the goods, wares, merchandise or other property seized
to be prepared in duplicate. The list shall be properly attested by the officer. (2) The Department
of Revenue shall then proceed to post a notice for three weeks on its web site describing
the articles and stating the time and place and cause of their seizure and requiring any person
claiming them to appear and make such claim in writing within 30 days from the date of the
first posting of such notice. (3) Any person claiming the goods, wares or merchandise or other
property so seized as contraband within the time specified in the notice may file with the
Department of Revenue a claim in writing, stating the person's...
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