Anyone aware of any precedent for the awarding of attorney's fees in asset forfeiture cases? Any pleadings filed to object so to not waive the issue for appeal?

Are you trying to collect attorney's fees?

If (as I suspect) you're trying to defend against a claim for attorney's fees, a plea to the jurisdiction would seem appropriate, as neither chapter 59 nor article 18.18 provide any explicit or necessarily implied waiver of sovereign (since the State is the plaintiff) immunity. The Reata Constr. Co. rationale (if the governmental entity is seeking affirmative relief, immunity is waived to the extent the claim would act as an offset to the government's claim) would not seem to apply, since a forfeiture action proceeds in rem against the property, and the court would not properly "offset" attorney's fees from it. Property is either contraband or it isn't. If it is, it is subject to complete forfeiture. And that would mean that the claimant lost, so how would he/she be entitled to attorney's fees? If it isn't, the property is returned. It's not a money damages judgment.

It would also be appropriate to posit a special exception for failure to state a claim, since attorney's fees are not awardable in the absence of statutory or contractual authorization. No such authority exists in chapter 59 or article 18.18 (other than in favor of the AG in an enforcement suit for violation of the property disposition provisions of chapter 59; see CCP art. 59.062(d)).

I thinks Scott's analysis is exactly on point. In my experience, most attorneys answering forfeiture suits include a demand for attorney's fees and the issue is ignored unless we are actually headed for trial. If it looks like a case that will actually be litigated, I make a request for disclosure including "the legal theories . . . of the responding party's claims." I have never had a disclosure of the legal theory for attorney fees in a forfeiture.
I am currently dealing with an attorney who has gone beyond asking for attorney fees and has counterclaimed for damages and sanctions for filing the forfeiture. I have filed a motion for summary judgment as to the counterclaim, based on absolute immunity. There is an unreported decision that has a good discussion State v. $17,270.00 2000 WL 124689

I am currently set for a bench trial in 2 weeks. I have started both the plea to the jurisdiction and special exceptions. The attorney did list himself as an expert in discovery and on his witness list. I objected at pretrial but want to preserve any error in the event the fees are awarded against the State. I agree that the property is either contraband or not and if it is not, then the property is given back. I find nothing that says you get your fees also.

Anyone have an answer to a motion for summary judgment which request attorney's fees in a forfeiture action that they would be willing to share