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Public Notice

(Published in The Hays Daily News August 11, 2013)

IN THE DISTRICT COURT OF ELLIS COUNTY, KANSAS

CIVIL DIVISION

STATE OF KANSAS, ex rel.

HAYS POLICE DEPARTMENT,

Plaintiff,                 

v.

$19,570.00 IN U.S. CURRENCY, more or less;

A CERTAIN QUANTITY OF METHAMPHETAMINE;

Defendants. 

Case No.  13 CV 63                                                                

Pursuant to the Kansas Standard Asset Seizure and Forfeiture Act K.S.A. 60-4101 et seq.               

NOTICE OF PENDING

FORFEITURE   

Pursuant to K.S.A. 60-4109 

NOTICE IS HEREBY GIVEN that the above-captioned property has been seized and is pending forfeiture to the state of Kansas pursuant to the Kansas Standard Asset Seizure and Forfeiture Act (KSASFA), K.S.A. 60-4101 et seq.  If you have not previously received a Notice of Seizure for Forfeiture, this is notice pursuant to the Act. The property was seized by the Hays Police Department on or about April 4, 2013 from a safety deposit box located at the Commerce Bank, at 718 Main Street, Hays, Ellis County, Kansas.  The value of the property has been set at $19,570.00, more or less; and the drugs have no lawful value.  The conduct giving rise to forfeiture and/or the violation of law alleged is: the property is the proceeds of and/or was used or intended to be used to facilitate and/or was intended for an exchange for controlled substances, all violation(s) of illegal drug transaction(s), and all act(s) giving rise to the property’s forfeiture.   

Should you believe you have a true ownership interest in the seized property, you may do either of the following: (1)  File a verified claim with the Court, sending copies to the Plaintiff’s Attorney and the Seizing Agency; or (2)  Do nothing.

You may also wish to consult with an attorney before deciding what is best for you.  However, if no valid claim is timely filed within thirty (30) days of your service of this Notice, your interest in the seized property, if any, will be forfeited.  Any claim shall comply with the strict requirements of true ownership documentation, as set out in K.S.A. 60-4111.  

You should be aware that it is a crime to falsely allege an ownership interest in property or to provide other false information in a claim.  Further, pursuant to K.S.A. 60-4116(f), any claimant who fails to establish that a substantial portion of the claimant’s interest is exempt from forfeiture may be responsible to pay the reasonable costs, expenses and attorney fees of other claimants and the State.  

This Notice seeks claims to the seized property only.  Should a valid claim(s) be timely filed, as may be determined by the Court upon motion of the State, the State will respond with a judicial petition for forfeiture, and this matter will proceed to trial.

The law enforcement agency’s copy of your claim should be mailed to:

Undersheriff Bruce Hertel, ECSO, 105 W. 12th Street, Hays, Kansas 67601.

The original claim for the Court should be mailed to:

Clerk of the Ellis County District Court, P.O. 8, Hays, Kansas 67601-0008.

Colin D. Wood, #19800

Plaintiff’s Attorney

702 South Osage

Caldwell, Kansas 67022

620-845-4365

cwood@kanokla.net

Published online - 8/8/2013, 11:47 AM