§ 9-16-2.Definitions
Chapter 16. Uniform Civil Forfeiture Procedure Act · Last amended 2015 · Last verified July 17, 2026
Full Text of § 9-16-2
Plain-English Summary
Forfeiture law runs on a handful of recurring roles and concepts, and this section pins down what each one means before the chapter puts them to work. Some definitions sort out who’s who: an “owner” holds a recorded, perfected interest in the property; an “interest holder” is someone with a secured claim, a beneficial interest, or another perfected encumbrance on it; and a “state attorney” is the district attorney (or designee) who brings the case, or, when a specific law authorizes it, the Attorney General.
Other definitions sort out what’s at stake. “Property” is defined broadly — anything of value, tangible or intangible, including currency, securities, and any interest in real property. “Proceeds” covers what criminal conduct generates, without any deduction for the wrongdoer’s expenses in acquiring or maintaining it. “Costs” and “court costs” are kept separate: the former covers expenses tied to seizing, storing, and preserving property, while the latter covers charges the court itself taxes, plus payments to receivers or appraisers the court appoints.
The definition of “trustee” gets particular care, because trust arrangements are a common way to obscure who ultimately controls property. The chapter defines a trustee as anyone who holds legal or record title for someone else’s beneficial interest, but carves out guardians, conservators, and personal representatives appointed under Georgia’s probate laws, along with trustees of testamentary trusts and bond indentures — those relationships don’t trigger the chapter’s trustee-disclosure duties.
Frequently Asked Questions
What’s the difference between an “owner” and an “interest holder” under Georgia’s forfeiture law?
An “owner” is a person, other than an interest holder, who has an interest in the property and has complied with any recording requirement needed to perfect that interest against a good-faith purchaser. An “interest holder” is instead a secured party, a beneficial-interest claimant, or someone with another kind of perfected encumbrance on the property.
Who qualifies as a “state attorney” for purposes of a Georgia civil forfeiture case?
A district attorney or that district attorney’s designee, or — only when another law specifically authorizes it — the Attorney General or the Attorney General’s designee.
How broadly does the chapter define “property”?
Broadly. The definition covers anything of value, including any interest in it — real property and fixtures along with tangible and intangible personal property such as currency, instruments, and securities.
What’s the difference between “costs” and “court costs” in this chapter?
“Costs” covers expenses like seizing, towing, storing, and preserving property, plus satisfying liens not subject to forfeiture. “Court costs” instead covers charges the court itself taxes — filing and transcription fees, advertisement costs — along with payments to receivers, appraisers, or trustees the court appoints.
Who is excluded from the definition of “trustee” in this chapter?
Guardians, conservators, and personal representatives appointed under Title 29 or Georgia’s probate code, along with anyone appointed as trustee of a testamentary trust or of a bond indenture trust.
Amendment History
Code 1981, § 9-16-2, enacted by Ga. L. 2015, p. 693, § 1-1/HB 233.