5 Guam Code Ann. § 73402
Terms Used In 5 Guam Code Ann. § 73402
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
(a) all controlled substances which have been or are intended to be manufactured, distributed, dispensed, acquired or held in violation of the provisions of Articles 4 or 6 of Chapter 67, Title 9, Guam Code Annotated;
(b) all raw materials, products, and equipment of any kind which are used, or intended for use, in manufacturing, compounding, processing, delivering, importing, or exporting in violation of the provisions of Articles 4 or 6 of Chapter 67, Title 9 Guam Code Ann.; Article 6 of Chapter 6, Title 11
GCA; or Chapter 47 of Title 9, Guam Code Ann.;
(c) all property which is used, or intended for use, as a container for property described in Subsections (a) and (b) of this Section;
(d) all conveyances, including aircraft, vehicles, or vessels, which are used, or are intended for use, to transport,
or in any manner to facilitate the transportation, sale, receipt, possession, or concealment of property described in Subsections (a) or (b) of this Section, except that:
(1) no conveyance used by any person as a common carrier in the transaction of business as a common carrier shall be forfeited under the provisions of this Article, unless it shall appear that the owner or other person in charge of such conveyance was a consenting party or colluded to a violation of Articles 4 or 6 of Chapter 67, Title 9 Guam Code Ann.; Article 6 of Chapter 6, Title 11 Guam Code Ann.; or Chapter 47 of Title 9, Guam Code Ann.;
(2) no conveyance shall be forfeited under the provisions of this Section by reason of any act or omission established by the owner thereof to have been committed or omitted without his or her knowledge or consent; and
(3) a forfeiture of a conveyance encumbered by a bona fide security interest of the secured party if he or she neither had knowledge of nor consented to the act or omission;
(e) all books, records, and research, including formulas, microfilm, tapes, and data, which are used, or intended for use, in violation of Articles 4 or 6 of Chapter 67, Title 9 Guam Code Ann.; Article 6 of Chapter 6, Title 11 Guam Code Ann.; or Chapter 47 of Title
9 Guam Code Ann.;
(f) all moneys, negotiable instruments, securities, or other things of value furnished or intended to be furnished by any person in exchange for a controlled substance in violation of Articles 4 or 6 of Chapter 67, Title 9 Guam Code Ann., and all proceeds traceable to such an exchange, and all moneys, negotiable instruments, securities used, or intended to be used, to facilitate any violation of Articles 4 or 6 of Chapter
67, Title 9 Guam Code Ann.; Article 6 of Chapter 6, Title 11 Guam Code Ann.; or Chapter 47 of Title 9, Guam Code Ann., shall be forfeited to the Guam Customs and Quarantine Agency making the seizure;
(g) all firearms which are visible, carried during, or used in furtherance of a violation of Articles 4 or 6 of Chapter 67,Title 9 Guam Code Ann.; Article 6 of Chapter 6, Title 11 Guam Code Ann.; or
Chapter 47 of Title 9, Guam Code Ann.;
(h) all land and real property used by the owner with his or her knowledge or consent which contributed to or facilitated violation of the provisions of Articles 4 or 6 of Chapter 67, Title 9 Guam Code Ann.; Article 6 of Chapter 6, Title 11
GCA; or Chapter 47 of Title 9, Guam Code Ann.; and
(i) all land or real property that was purchased, traded, or acquired by persons using profits or proceeds generated in violation of the provisions of Articles 4 or 6 of Chapter 67, Title 9 Guam Code Ann.; Article 6 of Chapter 6, Title 11 Guam Code Ann., or Chapter 47 of Title 9, Guam Code Ann..