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I've got a law enforcement agency which has been awarded several acres of land pursuant to a federal seizure and forfeiture action. The feds say they know of no federal requirements for disposing of it. Therefore, I'm recommending that it be sold pursuant to state law. I'm thinking that it must be sold at a sheriff's sale. Has anyone sold forfeited real property? I sure would appreciate hearing from you. distattorney@co.liberty.tx.us or 936-336-4609. Thanks. | ||
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We haven't sold any real estate yet, but the disposition of forfeited property is controlled by Art. 59.06 CCP. We interpret it simply to say that if there is an agreement between agencies, the State's attorney can sell, (or use it or designate it for use), it however they determine is the best way, but if there is no inter-agency agreement, there must be a sheriff's sale on the 75th day after the date of the final judgment. This is a public auction, with notices being posted as in other sheriff's sales, and the proceeds, after payment of "interest owners" and court costs, go the the state treasurer. Best bet is have an inter-agency agreement in place with all agencies you work seizures with so the proceeds can stay local!! All this is said with my customary disclaimer that there are a whole lots of much smarter folks than me in this forum, and I'd wait til they weigh in. | |||
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