As I read 59.05(f), it's clear to me that the DAs office is liable for court costs for any case in which over $2,500.00 is forfeited to the State. What is less clear to me is whether and when the State is liable for court costs in cases in which property forfeited is not currency and is valued at over $2,500.00.

For instance we have interlocal agreements with every agency that submits cases to our office. So for a hypothetical, lets assume that we seized and forfeit a Hummer with a Kelly Blue Book value of $20,000. Lets say per 59.06(b) the agency puts it into use. Does the State have to pay court costs at the time of judgment before the agency puts it into use? A year or two later if it sells for more than $2,500? If it's "valued" at more than $2,500, but sells at auction for less?

[This message was edited by ADA WTX on 11-09-10 at .]

[This message was edited by ADA WTX on 11-09-10 at .]

I can not quote any statute or caselaw but the way we handle this in our jurisdiction is that we go by the fair market value of the asset at the time of the forfeiture. However, our Clerks are willing to wait if the law enforcement agency wants to put the asset into service. Our interlocal agreement contemplates that once the asset is eventually sold the court costs are paid off the top and we split the rest.

Thanks