Nevada § 179.1231 - Seizure of property before forfeiture and final disposition; institution of proceedings; intercession by district attorney or Attorney General; interlocutory actions by court; order of forfeiture

§ 179.1231. Seizure of property before forfeiture and final disposition; institution of proceedings; intercession by district attorney or Attorney General; interlocutory actions by court; order of forfeiture

1. Property subject to forfeiture under NRS 179.1219 or 179.1229 may be seized by a law enforcement agency upon process issued by a court. Before an order of civil forfeiture is issued without legal process, notice of the

claim for forfeiture of real property may be given in the manner provided in NRS 14.010 and 14.015 . A seizure of personal property may be made without legal process if the seizure

is incident to: (a) A lawful arrest or search; or (b) An inspection under an administrative warrant. 2. Property seized or made the subject of notice under this section is deemed to be

in the custody of the agency, subject only to orders of the court which has jurisdiction

over the proceedings for forfeiture. An agency which has seized such property without process shall begin proceedings

for forfeiture promptly. Such an action takes precedence over other civil proceedings. The seized property is subject to an action to claim the delivery of the property

if the agency does not file the complaint for forfeiture within 60 days after the

property is seized. If a complaint for forfeiture is filed after an affidavit claiming delivery, the

complaint must be treated as a counterclaim. 3. When property is seized pursuant to this section, pending forfeiture and final

disposition, the law enforcement agency may: (a) Place the property under seal. (b) Remove the property to a place designated by the court. (c) Require another agency authorized by law to take custody of the property and remove

it to an appropriate location. 4. The district attorney or the Attorney General may institute civil proceedings under

this section for the forfeiture of property subject to forfeiture pursuant to NRS 179.1229 . The district attorney and the Attorney General shall determine by agreement between

themselves which of them will institute such a proceeding in a particular case. If a district attorney or the Attorney General has not instituted such a proceeding

or has not pursued one which was instituted in accordance with the agreement, the

other may intercede after giving the prosecutor designated in the agreement 30 days'

written notice of the intention to do so. In any action so brought, the district court shall proceed as soon as practicable

to the hearing and determination. Pending final determination in an action brought pursuant to this section, the district

court may at any time enter such injunctions, prohibitions or restraining orders,

or take such actions, including, without limitation, the acceptance of satisfactory

performance bonds, as the court deems proper in connection with any property or interest

subject to forfeiture. 5. Upon a finding of civil liability under this section, the court may order the forfeiture

of the appropriate property.