99F.16 - FORFEITURE OF PROPERTY.
99F.16 FORFEITURE OF PROPERTY.
1. Anything of value, including all traceable proceeds including
but not limited to real and personal property, moneys, negotiable
instruments, securities, and conveyances, is subject to forfeiture to
the state of Iowa if the item was used for any of the following:
a. In exchange for a bribe intended to affect the outcome of
a gambling game.
b. In exchange for or to facilitate a violation of this
chapter.
2. Except for coins authorized in section 99F.9, subsection 4,
all moneys, coin, and currency found in close proximity of wagers, or
of records of wagers are presumed forfeited. The burden of proof is
upon the claimant of the property to rebut this presumption.
3. Subsections 1 and 2 do not apply if the act or omission which
would give rise to the forfeiture was committed or omitted without
the owner's knowledge or consent.
4. Upon receipt of forfeited property, the county attorney or
attorney general shall permit an owner or lienholder of record having
a nonforfeitable property interest in the property the opportunity to
purchase the property interest forfeited. If the owner or lienholder
does not exercise the option under this subsection within thirty days
the option is terminated, unless the time for exercising the option
is extended by the county attorney or attorney general.
5. A person having a valid, recorded lien or property interest in
forfeited property, which has not been purchased pursuant to
subsection 4, shall either be reimbursed to the extent of the
nonforfeitable interest or to the extent that the sale of the item
produces sufficient revenue to do so, whichever amount is less. The
sale of forfeited property should be conducted in a manner which is
commercially reasonable and calculated to provide a sufficient return
to cover the costs of the sale and reimburse any nonforfeitable
interest. The validity of a lien or property interest is determined
as of the date upon which property becomes forfeitable.
6. This section does not preclude a civil suit by an owner of an
interest in forfeited property against the party who, by criminal
use, caused the property to become forfeited to the state. Section History: Recent Form
89 Acts, ch 67, §16; 91 Acts, ch 167, §1; 94 Acts, ch 1021, §29