Colorado § 16-13-314 - Disposition of forfeited real property.

§ 16-13-314. Disposition of forfeited real property.

(1) In an action to abate a class 1 public nuisance, if the court finds that such class 1 public nuisance exists and that the same has been conducted, used, or maintained by the owner of a building, place, or any real property seized and closed as a class 1 public nuisance, or that the nuisance has been conducted, used, or maintained by any person with the actual knowledge and consent of the owner, a permanent order of abatement shall be entered as a part of the judgment in the case. The order of abatement shall direct the sheriff to sell such building or place and the ground upon which such building or place is situate or any other real property, to the extent of the interest of such owner therein, at public sale in the manner provided for sales of property upon execution. In no event shall real property that is neither proceeds of nor part of the same lot or tract of land used for the public nuisance act that was the underlying subject matter of the public nuisance action, be subject to seizure and forfeiture, excepting access and egress routes.

(2) The proceeds of such sale shall be applied in the same manner and priority as enumerated in section 16-13-311 (3).

(3) It is the intent of the general assembly that moneys allocated to a seizing agency pursuant to subsection (2) of this section shall not be considered a source of revenue to meet normal operating needs.

(4) If more than one seizing agency was substantially involved in effecting the forfeiture, the agencies shall enter into a stipulation with regard to costs incurred by the agencies and the percentage of any remaining proceeds to be deposited for the benefit of the agencies. Upon the filing by such agencies of such stipulation with the court, the court shall order the proceeds so distributed. If the agencies are unable to reach an agreement, the court shall take testimony and equitably distribute the proceeds.

Source: L. 72: R&RE, p. 265, § 1. C.R.S. 1963: § 39-13-314. L. 81: Entire section amended, p. 958, § 9, effective July 1. L. 83: (1) amended, p. 685, § 6, effective July 1. L. 87: (3) and (4) added, p. 638, § 10, effective July 1. L. 99: (1) amended, p. 798, § 15, effective July 1. L. 2002: (2) amended, p. 923, § 6, effective July 1.

Cross references: For provisions on reporting and disposition of forfeited property, see part 7 of this article 13.

ANNOTATION

Law reviews. For article, "State and Federal Forfeiture of Property Used in Criminal Activity", see 11 Colo. Law. 2597 (1982).

Proceeding to abate public nuisance is civil and equitable in nature, and thus protections of criminal proceedings, including right to jury trial, are not available. People v. Allen, 767 P.2d 798 (Colo. App. 1988).

Preponderance of evidence is standard of proof in abatement proceedings. People must establish by a preponderance that property was a nuisance maintained as such by owner or with her consent. People v. Allen, 767 P.2d 798 (Colo. App. 1988).

No one-year closing of property determined to be a public nuisance is required prior to forfeiture or sale of the property. People v. 21020 Colo. Highway 74, 791 P.2d 1189 (Colo. App. 1989).