60-4110. Recognition of exemption.
60-4110
60-4110. Recognition of exemption.(a) The plaintiff's attorney may make an opportunity to file apetition for recognition of exemption available in the followingmanner:
(1) If the plaintiff's attorney makes an opportunity to filea petition for recognition of exemption available, the plaintiff'sattorney shall so indicate in the notice of pending forfeituredescribed in subsection (a) of K.S.A. 60-4109.
(2) An owner of or an interest holder in the property mayelect to file a claim within 30 days after the effective date ofthe notice of pending forfeiture or a petition for recognition ofexemption with the plaintiff's attorney within 30 days after theeffective date of the notice, but no petition may be filed after acourt action has been commenced by the seizing agency. The claimor petition shall comply with the requirements for claims inK.S.A. 60-4111. The effective date of a notice of pendingforfeiture shall be as provided for in K.S.A. 60-4109.
(b) The following shall apply if one or more owners or interestholders timely petition for recognition of exemption:
(1) The plaintiff's attorney shall provide the seizing agencyand the petitioning party with a written recognition of exemptionand statement of nonexempt interests relating to any or allinterests in the property in response to each petitioning partywithin 120 days after the effective date of the notice of pendingforfeiture.
(2) An owner of or interest holder in any property declarednonexempt may file a claim as described in K.S.A. 60-4111within 30 days after the effective date of the notice of therecognition of exemption and statement of nonexempt interests.
(3) The plaintiff's attorney may elect to proceed as providedherein for judicial forfeiture at any time.
(4) If no petitioning party files a proper claim within 30days after the effective date of notice of the recognition ofexemption and statement of nonexempt interests, the recognition ofexemption and statement of nonexempt interests becomes final, andthe plaintiff's attorney shall proceed as provided in K.S.A. 60-4116 and60-4117.
(5) If a judicial proceeding follows a notice of pendingforfeiture making an opportunity to file a petition for recognitionof exemption available:
(A) No duplicate or repetitive notice is required. If aproper claim has been timely filed pursuant to subsection (b)(2), the claimshall be determined in a judicialforfeiture proceeding after the commencement of such a proceedingunder K.S.A. 60-4113, 60-4114 and 60-4115.
(B) The proposed recognition of exemption and statement ofnonexempt interests responsive to all petitioning parties whosubsequently filed claims are void and will be regarded as rejectedoffers to compromise.
(c) If no proper petition for recognition of exemption or properclaim is timely filed, the plaintiff's attorney shall proceed asprovided in K.S.A. 60-4116 and 60-4117.
History: L. 1994, ch. 339, § 10; July 1.