Michigan Laws 600.4706 – Return of personal property to owner; discharge of lien against real property or motor vehicle; time limitation
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Terms Used In Michigan Laws 600.4706
- Crime: means committing, attempting to commit, conspiring to commit, or soliciting another person to commit any of the following offenses in connection with which the forfeiture of property is sought:
(i) A violation of part 111 of the natural resources and environmental protection act, 1994 PA 451, MCL 324. See Michigan Laws 600.4701Lien: A claim against real or personal property in satisfaction of a debt. Person: means an individual, corporation, limited liability company, partnership, or other business entity, or an unincorporated or voluntary association. See Michigan Laws 600.4701 Personal property: All property that is not real property. Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
(1) Except as otherwise provided by law, personal property seized under section 4703 shall be returned to the owner, or a lien filed against real property under section 4703 or against a motor vehicle under section 4705 shall be discharged, within 7 days after the occurrence of any of the following:
(a) A warrant is not issued against a person for the commission of a crime within 28 days after the property is seized or, if the property is real property, within 28 days after the lien is filed.
(b) All charges against the consenting legal owner relating to the commission of a crime are dismissed.
(c) The consenting legal owner charged with committing a crime is acquitted of the crime.
(d) In the case of multiple defendants, all persons charged with committing a crime are acquitted of the crime.
(e) Entry of a court order under this chapter for the return of the property or the discharge of the lien.
(2) Before the expiration of period of time prescribed under section (1)(a), the prosecuting attorney, attorney general, or the city or township attorney of the local unit of government where the property is seized or located may petition the court ex parte for not more than an additional 28 days to complete its investigation and issue charges or return the property. The court shall grant an extension under this subsection to the extent necessary upon determining that there is good cause shown for the extension.