(a) In order to forfeit any property or any person‘s interest in the property pursuant to §§ 39-14-307, 47-25-1105, 53-11-451, 55-10-414, 55-16-104, 55-50-504(g), Property subject to seizure and sale” class=”unlinked-ref” datatype=”S” sessionyear=”2021″ statecd=”TN” title=”57″>57-3-411, 57-5-409, 57-9-201, 67-4-1020 or 70-6-202, the state shall have the burden to prove by a preponderance of evidence that:

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Terms Used In Tennessee Code 40-33-210

  • Applicable agency: means the agency, board, commission or department charged by law or permitted by agreement with conducting the forfeiture proceeding for the particular property seized. See Tennessee Code 40-33-202
  • Contract: A legal written agreement that becomes binding when signed.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
  • Property: includes both personal and real property. See Tennessee Code 1-3-105
  • Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in a perceivable form. See Tennessee Code 1-3-105
  • Secured party: means the holder of a security interest in the seized property acquired in the ordinary course of business within the meaning of §. See Tennessee Code 40-33-202
  • State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
(1) The seized property was of a nature making its possession illegal or was used in a manner making it subject to forfeiture under the sections set out in this subsection (a); and
(2) The owner or co-owner of the property knew that the property was of a nature making its possession illegal or was being used in a manner making it subject to forfeiture, or, in the case of a secured party, that the standards set out in subsection (f) are met.
(b) Failure to carry the burden of proof shall operate as a bar to any forfeiture and the property shall be immediately returned to the claimant.
(c)

(1) The interest of a co-owner or co-owners who were not in possession of the property at the time it was seized may be forfeited if the co-owners:

(A) Were co-conspirators to the activity making the property subject to forfeiture;
(B) Knew that the property was of a nature making its possession illegal; or
(C) Knew that it was being used in a manner making it subject to forfeiture and consented to the use.
(2) If the state meets its burden of proof as to one (1) co-owner of the seized property but fails to do so as to one (1) or more other co-owners, the property shall be forfeited subject to the interest of the innocent co-owners.
(d) If it is determined that the state has carried the burden of proof with regard to all parties claiming an interest in the property, and the ruling of the administrative law judge is adverse to the claimant or claimants, the property shall be sold or disposed of as provided in § 40-33-211.
(e) If the interest of the owner or co-owner of seized property is forfeited pursuant to this section but the interest of the secured party is not, the administrative law judge may, at the request of the secured party, return the seized property for disposition in accordance with the security agreement or other contract. If the property is not returned to the secured party, the forfeiture shall be subject to the secured party’s interest.
(f) A secured party’s interest may be forfeited if, from evidence presented at the hearing, the administrative law judge finds that:

(1) The secured party is a co-conspirator to the activity making the property subject to forfeiture; or
(2) The secured party, at the time the interest attached, had actual knowledge of the intended illegal use of the property. A secured party who acquired an interest in the ordinary course of business shall be presumed to have no actual knowledge of an intended illegal use and shall have no duty to inquire as to the record or reputation of a borrower.
(g) The expenses of storage, transportation and other similar costs shall be adjudged as part of the cost of the proceeding in such manner as the administrative law judge shall determine.
(h) The administrative law judge’s ruling shall be considered a final order of the applicable agency for purposes of appealing of the order.
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