Code of Alabama
Article 11 - Forfeiture and Condemnation of Contraband Liquors and Beverages, Etc.
Section 28-4-286 - Institution of Proceedings for Condemnation of Vehicles, etc.; Seized Property Not to Be Retaken by Replevin or Detinue During Pendency of Action; Intervention by Parties Claiming Superior Right to Seized Property; Powers of Court...

It shall be the duty of such officer in the county or the Attorney General of the state to institute at once or cause to be instituted condemnation proceedings in the circuit court by filing a complaint in the name of the state against the property seized, describing the same, or against the person or persons in possession of said vehicles of transportation, if known, to obtain a judgment enforcing the forfeiture. No replevin or detinue writ may be employed to retake possession of such seized property pending the forfeiture action, but any party claiming a superior right may intervene by motion in said action and have his claim adjudicated.
The judge presiding in said circuit court or any division thereof may superintend and make all proper orders and orders of publication of notice to be published for all parties claiming the said vehicles to come in and assert their right thereto. The said court shall have authority to frame all orders of procedure so as to regulate the proceedings that persons may have an opportunity to come in and propound their claim to the vehicles and conveyances sought to be condemned.

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Structure Code of Alabama

Code of Alabama

Title 28 - Intoxicating Liquor, Malt Beverages and Wine.

Chapter 4 - Regulation and Control of Alcoholic Beverages in Dry Counties and Dry Municipalities.

Article 11 - Forfeiture and Condemnation of Contraband Liquors and Beverages, Etc.

Section 28-4-250 - Authorization and Procedure Generally.

Section 28-4-251 - Search Warrant for Seizure of Prohibited Liquors and Beverages, etc., Generally - Issuance - Authorization and Procedure Generally.

Section 28-4-252 - Search Warrant for Seizure of Prohibited Liquors and Beverages, etc., Generally - Issuance - Persons Authorized.

Section 28-4-253 - Search Warrant for Seizure of Prohibited Liquors and Beverages, etc., Generally - Issuance - Grounds.

Section 28-4-254 - Search Warrant for Seizure of Prohibited Liquors and Beverages, etc., Generally - Issuance - Standard for Issuance; Contents of Affidavit Supporting Determination of Probable Cause.

Section 28-4-255 - Search Warrant for Seizure of Prohibited Liquors and Beverages, etc., Generally - Issuance - Examination of and Taking of Depositions From Complainant and Witnesses; Contents of Depositions.

Section 28-4-256 - Search Warrant for Seizure of Prohibited Liquors and Beverages, etc., Generally - Issuance - Issuance by Judge.

Section 28-4-257 - Search Warrant for Seizure of Prohibited Liquors and Beverages, etc., Generally - Form.

Section 28-4-258 - Search Warrant for Seizure of Prohibited Liquors and Beverages, etc., Generally - Execution - Persons Authorized.

Section 28-4-259 - Search Warrant for Seizure of Prohibited Liquors and Beverages, etc., Generally - Execution - Time.

Section 28-4-261 - Search Warrant for Seizure of Prohibited Liquors and Beverages, etc., Generally - Limitation Period for Execution and Return of Warrant.

Section 28-4-260 - Search Warrant for Seizure of Prohibited Liquors and Beverages, etc., Generally - Execution - Giving of Receipt for Prohibited Liquors and Beverages, etc., Seized Under Warrant.

Section 28-4-262 - Search Warrant for Seizure of Prohibited Liquors and Beverages, etc., Generally — Return of Warrant; Furnishing of Copies Thereof to Applicant for Warrant, Etc.

Section 28-4-263 - Issuance, etc., of Warrants for Search of Steamboats, Watercraft, Depots, Railway Cars, Etc.

Section 28-4-264 - Disposition of Property Seized by Officer Under Warrant Generally.

Section 28-4-265 - Liquors and Beverages, etc., Seized Not to Be Recovered by Writ of Replevin or Detinue During Pendency of Proceedings Under Article; Final Judgment of Condemnation to Bar Actions to Recover Liquors and Beverages, etc., Seized, Etc.

Section 28-4-266 - Issuance of General Notice to Persons Claiming Right, Title, etc., in Liquors and Beverages, etc., Seized to Appear and Show Cause Why Same Should Not Be Forfeited and Destroyed.

Section 28-4-267 - Delivery to Certain Persons and Posting of Copies of Notice.

Section 28-4-268 - Answer by Persons Claiming Right, Title, etc., in Liquors and Beverages, etc., Seized.

Section 28-4-269 - Forfeiture and Condemnation Proceedings Generally - Issues and Parties Generally; Style of Action; Trial of Action Generally.

Section 28-4-270 - Forfeiture and Condemnation Proceedings Generally - Issues, etc., Where More Than One Claimant to Liquors and Beverages Seized.

Section 28-4-271 - Forfeiture and Condemnation Proceedings Generally - Prosecution of Action.

Section 28-4-272 - Forfeiture and Condemnation Proceedings Generally - Persons Not to Be Excused From Attending and Testifying or Producing Books, Papers, etc., at Hearing or Trial; Immunity From Prosecution as to Transactions, etc., as to Which Test...

Section 28-4-273 - Forfeiture and Condemnation Proceedings Generally - Conduct of Hearing or Trial Generally; Entry of Judgment of Forfeiture and Delivery of Liquors and Beverages to Alcoholic Beverage Control Board Generally; Destruction of Nonfeder...

Section 28-4-274 - Forfeiture and Condemnation Proceedings Generally - Entry of Judgment of Dismissal and Return of Liquors and Beverages, etc., to Place or Person From Which or From Whom Taken Generally.

Section 28-4-275 - Forfeiture and Condemnation Proceedings Generally - Apportionment and Taxing of Costs.

Section 28-4-276 - Forfeiture and Condemnation Proceedings Generally - Appeals From Judgment of District Court - Authorization and Procedure Generally.

Section 28-4-277 - Forfeiture and Condemnation Proceedings Generally - Appeals From Judgment of District Court - Persons Entitled to Appeal; Bond for Costs of Appeal Required; Right to Jury Trial; Proceedings in Circuit Court.

Section 28-4-278 - Forfeiture and Condemnation Proceedings Generally - Appeals From Judgment of District Court - Issuance of Order for Delivery of Liquors and Beverages, etc., to Alcoholic Beverage Control Board or for Restoration of Same to Place or...

Section 28-4-279 - Forfeiture and Condemnation Proceedings in Circuit Courts.

Section 28-4-280 - Allowances and Fees of Officers Executing Search Warrants and Attending and Prosecuting Forfeiture and Condemnation Actions for State.

Section 28-4-281 - Correction of Defects or Irregularities in Notice, etc., in Forfeiture and Condemnation Proceedings.

Section 28-4-282 - Appliances Used, etc., for Distillation or Manufacture of Prohibited Liquors and Beverages Declared Contraband; Said Appliances and Products Thereof to Be Summarily Destroyed by Sheriffs, etc., Finding Same; Property, etc., Where D...

Section 28-4-283 - Enforcement of Forfeiture.

Section 28-4-284 - Sale of Property and Disposition of Proceeds Therefrom.

Section 28-4-285 - Conveyances, Vehicles of Transportation or Animals Used for Illegal Conveyance of Prohibited Liquors and Beverages Declared Contraband and Forfeited to State; Seizure of Said Conveyances, etc., and Reporting Thereof by Sheriffs, et...

Section 28-4-286 - Institution of Proceedings for Condemnation of Vehicles, etc.; Seized Property Not to Be Retaken by Replevin or Detinue During Pendency of Action; Intervention by Parties Claiming Superior Right to Seized Property; Powers of Court...

Section 28-4-287 - Execution of Bond by Defendant or Claimant for Recovery of Seized Vehicle, etc., Pending Condemnation Action; Proceedings Upon Failure of Defendant or Claimant to Deliver Said Vehicle, etc., Upon Entry of Judgment of Condemnation.

Section 28-4-288 - Execution of Bond by Defendant or Claimant for Recovery of Seized Vehicle, etc., Pending Appeal; Proceedings Upon Failure of Bondsmen to Deliver Said Vehicle, etc., Upon Affirmance of Judgment Upon Appeal, Etc.

Section 28-4-289 - Payment of Costs in Actions for Condemnation of Vehicles, etc., Used in Transportation of Prohibited Liquors or Beverages Where Judgment Entered Against State.

Section 28-4-290 - Advertisement and Sale by Sheriff, etc., of Vehicle, Animal, etc., Seized for Illegal Transportation of Liquor or Beverages Where Owner, etc., Cannot Be Ascertained; Rights in Seized Vehicles, Animals, etc., Disposed of Upon Such S...

Section 28-4-291 - Disposition of Proceeds From Sale of Such Property Forfeited to State.

Section 28-4-292 - Advertisement and Sale of Receptacles, etc., of Prohibited Liquors and Beverages.

Section 28-4-293 - Property Rights in Prohibited Liquors and Beverages, Vessels, Vehicles, etc., Kept, Used, etc., for Purpose of Violating Temperance Laws, etc.; Seizure, Forfeiture, Disposition, etc., of Same Generally.

Section 28-4-294 - Preparation of Return by Officer Seizing Prohibited Liquors and Beverages; Officer to Report Delivery to Any Person, Destruction, etc., of Same.

Section 28-4-295 - Disposition of Prohibited Liquors and Beverages Held for Use as Evidence Upon Conviction of Person Possessing, etc., Same.

Section 28-4-296 - Deposit With Alcoholic Beverage Control Board for Sale of Certain Confiscated Liquors and Beverages; Payment to County or Municipality by Board of Reasonable Value of Liquors and Beverages Received.

Section 28-4-297 - Unlawful Disposition, etc., of Contraband Liquors and Beverages by Custodian.

Section 28-4-298 - Article Not Intended to Secure Search of Premises of Bona Fide Druggists or Physicians.

Section 28-4-299 - Forfeiture, Sale and Distribution of Proceeds of Sale of Contraband Generally.