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KRS 242.330

Sale of forfeited property and disposition of proceeds

Applied in 4 court decisions — leading case Bratcher v. Ashley (1951)

Most recently applied in Commonwealth ex rel. Williams v. Wilson (April 1964)

Effective: October 1, 1942 History: Recodified 1942 Ky

How often courts cite this section

194719501960196410
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(1) Upon a judgment of forfeiture under KRS 242.320, the court shall direct the sheriff to sell the property. The sale shall be made in the same manner as sales under execution, and the same fees shall be allowed the officers conducting the sale.

(2) The sheriff shall pay first out of the purchase money any valid recorded liens on the property so sold. The court may in its discretion order a sale subject to the liens.

(3) No lien on any property so sold shall be paid unless it is recorded prior to the committing of the nuisance and unless the lienor can establish he had no knowledge of the nuisance.

(4) If the petition is filed by a private citizen and a sale ordered, the citizen shall receive ten percent (10%) of the net proceeds of sale of any property under any judgment of forfeiture, after deducting costs and all valid liens.

(5) The sheriff, after payment of liens, costs and fees, shall pay the balance of the proceeds of sale to the circuit clerk, who shall transmit the balance as in the case of other forfeitures.

Official source: Kentucky General Assembly. Reproduced from public-domain Kentucky statutes; confirm against the official source for the current text. Not legal advice.