SEC. 67-1-99. Administrative forfeiture of certain property.
(1) Property subject to forfeiture, other than alcoholic beverages or raw materials, as described by Section 67-1-17 and having a value of Two Thousand Five Hundred Dollars ($2,500.00) or less may be forfeited by the administrative forfeiture procedures provided for in this section.
(2) The seizing law enforcement agency shall provide notice of intention to forfeit the seized property administratively, by certified mail, return receipt required, to all persons who are required to be notified pursuant to Section 67-1-93.
(3) In the event that notice of administrative forfeiture cannot be given as provided in subsection (2) of this section because of refusal, failure to claim, insufficient address or any other reason the seizing law enforcement agency shall provide notice by publication in a newspaper of general circulation in the county in which the seizure took place once a week for three (3) consecutive weeks.
(4) Notice pursuant to subsections (2) and (3) of this section shall include the following information:
(a) A description of the property;
(b) The approximate value of the property;
(c) The date and place of the seizure;
(d) The connection between the property and the violation of the Local Option ABC Laws or Chapter 31, Title 97, Mississippi Code of 1972;
(e) The instructions for filing a request for judicial review; and
(f) A statement that the property will be forfeited to the seizing law enforcement agency if a request for judicial review is not timely filed.
(5) Persons claiming an interest in the seized property may initiate judicial review of the seizure and proposed forfeiture by filing a written request for judicial review with the chief law enforcement officer of the seizing law enforcement agency within thirty (30) days after receipt of the certified letter or within thirty (30) days after the first publication of notice, whichever is applicable.
(6) If no request for judicial review is timely filed, the seizing law enforcement agency shall prepare a written declaration of forfeiture of the subject property and the forfeited property shall be used, disposed of, or distributed in accordance with the provision of Section 67-1-97.
(7) Upon receipt of a timely request for judicial review, the attorney for the seizing law enforcement agency shall promptly file a petition for forfeiture and proceed as provided in Section 67-1-93.
SOURCES: Laws, 1990, ch. 451, Sec. 2; 1991, ch. 372, Sec. 1, eff from and after passage (approved March 15, 1991).