34-24-1-4.5. Duties, judgement in favor.
(a) After a court enters a judgment in favor of
the state or a unit under section 4 of this chapter,
the prosecuting attorney shall report the:
(1) amount of money or property that is the
subject of the judgment; and
(2) law enforcement agency to which the
money or property is ordered to be trans-
to the Indiana Prosecuting Attorneys Council.
This subsection applies even if the prosecuting
attorney has retained an attorney to bring an action
under this chapter.
(b) After a court, upon motion of the prose-
cuting attorney under IC 35-33-5-5(j), orders
property transferred to a federal authority for dis-
position under 18 U.S.C. 981€, 19 U.S.S. 1616a,
or 21 U.S.C. 881(e), and any related regulations
adopted by the United States Department of
Justice, the prosecuting attorney shall report to the
Indiana prosecuting attorneys council the amount
of money or property transferred. This subsection
applies even if the prosecuting attorney has
retained an attorney to bring an action under this
(c) A report made to the Indiana prosecuting
attorneys council under this section must be in a
format approved by the prosecuting attorneys
34-24-1-5. Secured interest or co-owner in
property; determination of value;
release to secured party.
(1) the court has entered judgment in favor
of the state, and a unit (if appropriate)
concerning property that is subject to
seizure under this chapter; and
(2) a person:
(A) holding a valid lien, mortgage,
security interest, or interest under a
conditional sales contract; or
(B) who is a co-owner of the property;
did not know of the illegal use;
the court shall determine whether the secured
interest or the co-owner's interest is equal to or in
excess of the appraised value of the property.
(b) Appraised value is to be determined as of
the date of judgment on a wholesale basis by:
(1) agreement between the secured party or
the co-owner and the prosecuting attor-
(2) the inheritance tax appraiser for the
county in which the action is brought.
(c) If the amount:
(1) due to the secured party; or
(2) of the co-owner's interest;
is equal to or greater than the appraised value of
the property, the court shall order the property
released to the secured party or the co-owner.
(d) If the amount:
(1) due the secured party; or
(2) of the co-owner's interest;
is less than the appraised value of the property, the
holder of the interest or the co-owner may pay into
the court an amount equal to the owner's equity,
which shall be the difference between the
appraised value and the amount of the lien, mort-
gage, security interest, interest under a condi-
tional sales contract, or co-owner's interest. Upon
such payment, the state or unit, or both, shall
relinquish all claims to the property, and the court
shall order the payment deposited as provided in
section 4(d) of this chapter.
(e) If the seized property is a vehicle and if the
security holder or the co-owner elects not to make
payment as stated in subsection (d), the vehicle
shall be disposed of in accordance with section 4(c)
of this chapter.
34-24-1-6. Public sale of seized property;
disposition of proceeds.
(a) Where disposition of property is to be
made at a public sale, notice of sale shall be pub-
lished in accordance with IC 34-55-6.
(b) When property is sold at a public sale
under this chapter, the proceeds shall be distrib-
uted in the following order:
(1) First, to the sheriff of the county for all
expenditures made or incurred in connec-
tion with the sale, including storage, trans-
portation, and necessary repair.
(2) Second, to any person:
(A) holding a valid lien, mortgage, land
contract, or interest under a conditional
sales contract or the holder of other
such interest; or