513.610. Intervention as a party, when--possession of property upon posting bond.

Intervention as a party, when--possession of property upon postingbond.

513.610. 1. Any person claiming an interest in the propertymay become a party to the action at any time prior to judgment,whether named in the petition or not. Any party claiming a validinterest in the property shall upon motion be allowed by thecourt to take possession of the property upon posting bond withgood and sufficient security in the amount of the property'svalue conditioned to pay the value of any interest in theproperty found to be subject to forfeiture or the value of anyinterest of another not subject to forfeiture. Such a partytaking possession shall not remove the property from thejurisdiction of the court except pursuant to court order.

2. The court may, upon such terms and conditions asprescribed by it, order that the property be sold by an innocentparty who holds a lien on or security interest in the property atany time during the proceedings. Any proceeds from such saleover and above the amount necessary to satisfy the lien orsecurity interest shall be paid into court pending final judgmentin the forfeiture proceeding. No such sale shall be ordered,however, unless the obligation upon which the lien or securityinterest is based is in default.

3. Pending final judgment in the forfeiture proceeding, thecourt may make any other disposition of the property as may beprovided by the laws of this state which is in the interest ofjustice.

(L. 1986 S.B. 450 § 7)

Effective 3-17-86