March 30, 2011, 12:04
Ann MontgomeryReal Property Asset Forfeiture
If you have a piece of real property that is located in two different counties, which county has jurisdiction for Chapter 59 asset forfeiture? Please don't say both.
March 30, 2011, 14:02
John GreenwoodI won't answer "both," but I'm not sure my answer of "either" will make you any happier. I ran in to this several years ago on a real property forfeiture with the majority of the property in a neighboring county that rejected the criminal case and did not want to pursue the forfeiture. I relied on Sec. 15.011 of the Civil Practice and Remedies Code. To avoid any complaint under CCP 59.04(b), I made sure that when the officers executed the seizure warrant they entered and posted notice of the seizure in this county first and I then filed the lis pendens in this county and then the neighboring county.
Venue and Jurisdiction were never raised.