Could a Louisiana sheriff sell forfeited vehicles through the state surplus auction and pay its commission?

Plain-English summary

Franklin Parish's sheriff asked whether forfeited vehicles could be sold at Louisiana Division of Administration surplus auctions. Local auctions sometimes produced little money, but the state auction charged a 20% commission. The AG said the Division could sell the vehicles for local law enforcement and judicial agencies when local agencies properly determined that the state sale was likely to produce higher proceeds.

The forfeiture statute directed sale proceeds into a special fund and allowed proper expenses of forfeiture and sale to be paid before distribution to agencies. The AG read that expense provision as accommodating the costs of a state auction. A footnote said the Division was willing to handle these local vehicles as an accommodation.

Currency note

This opinion was issued in 2004. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Could the sheriff use a state surplus auction for forfeited cars?

The AG said yes, for vehicles seized under the Forfeiture Act, when local agencies properly determined that the state auction was likely to yield higher proceeds.

Did the 20% auction commission automatically block the sale?

No. The AG noted the commission concern and relied on the statute's allowance for proper sale expenses before agencies received distributed funds.

Who received the money after sale expenses?

The opinion said proceeds entered the Special Asset Forfeiture Fund and were allocated to appropriate law enforcement and judicial agencies after liens and proper expenses were satisfied.

Background and statutory framework

LSA-R.S. 40:2616 governed the fund and order of payments for property sold under the forfeiture law. The AG distinguished this arrangement from the ordinary state-property rules that excluded sheriffs and district attorneys, noting the Division's willingness to conduct local vehicle sales.

Citations

• LSA-R.S. 40:2601, et seq. (seizure and forfeiture law).
• LSA-R.S. 40:2616 (sale proceeds and expenses).

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/04-0029

Original opinion text

March 2, 2004
Opinion Number 04-0029

107 Sheriffs
110 State - Surplus Property
22-2 Drugs – Narcotics, Etc.
Honorable Steve E. Pylant, Sheriff 47 Fines, Forfeitures & Penalties
Parish of Franklin
Vehicles seized in accordance with the Seizure and
6556 Main Street
Controlled Dangerous Substances Property Forfeiture Act,
Winnsboro, Louisiana 71295
LSA-R.S. 40:2601, et seq. can be sold, on behalf of local
law enforcement and judicial agencies, by the Division of Administration at its sales of state surplus property.
Dear Sheriff Pylant:

This office is in receipt of your request for an Attorney General’s opinion regarding the sale of vehicles seized for forfeiture in accordance with the Seizure and Controlled Dangerous Substances Property Forfeiture Act, LSA-R.S. 40:2601, et seq. (the Forfeiture Act”).

You write that from time to time your department seizes vehicles for forfeiture and sale in accordance with the Forfeiture Act. It has been your experience that cars sold at public auction in your parish generally sell for far less that market value, sometimes for barely enough to cover the costs of court. Your letter states that you office is interested in selling some of these vehicles in state surplus auctions conducted by the Division of Administration (the “Division”), where you feel that higher prices could be obtained1.

However, you are concerned that payment of the 20% commission charged by the Division of Administration may violate LSA-R.S. 40:2616, which provides for the distribution of funds obtained through forfeiture. You therefore request our opinion on the legality of the sale of forfeited vehicles at state surplus auction, particularly with regard to payment of a commission to the Division.

Pertinently, LSA-R.S. 40:2616 provides that the “proceeds” of any sale of a motor vehicle sold at public sale in accordance with the Forfeiture Act and “any monies obtained” under the provisions of the Forfeiture Act must be deposited in the Special Asset Forfeiture Fund (the “Fund”) established therein. In accordance with LSA-R.S.

1
We note that LSA-R.S. 39:321, et seq., regarding the control of state property by the Division, specifically excludes sheriffs and district attorneys from coverage there under. However, we have been advised by Mr. George Grazioso, Deputy General Counsel to the Division of Administration, that the Division has, and is willing to continue handling the sale of automobiles seized in accordance with the Forfeiture Act as an accommodation to Sheriffs and other local law enforcement agencies.

Page 2

Opinion Number 04-0029
Honorable Steve E. Pylant, Sheriff
Parish of Franklin
Page -2-

40:2616B, money in the Fund is to be allocated to appropriate law enforcement and judicial agencies, but only after satisfaction of all bona fide security interests or liens, and:
“(2) …payment of all proper expenses of the proceedings for forfeiture and sale, including expenses of seizure, maintenance of custody, advertising and court costs.” (Emphasis added).

LSA-R.S. 40:2616B(2), quoted above, clearly recognizes that sales under the Forfeiture Act will be had at some expense or cost, and provides that those costs should be paid before the funds obtained thereby are allocated to the appropriate law enforcement and judicial agencies. Presumably, it is the intention of the legislature that those agencies receive as much money as possible in connection of the sale of forfeited vehicles. Accordingly, if its is properly determined by local agencies that the higher sale proceeds are likely to be obtained in sales conducted by the Division, we see no reason why vehicles seized in accordance with the Forfeiture Act should not be sold, on behalf of local law enforcement and judicial agencies, by the Division of Administration.

In summary, it is the opinion of this office that vehicles seized in accordance with the Forfeiture Act can be sold, on behalf of local law enforcement and judicial agencies, by the Division of Administration at its sales of state surplus property.

We trust the foregoing to be helpful. Please do not hesitate to contact this office if we can be of assistance in other areas of the law.

Yours very truly,

CHARLES C. FOTI, JR.
Attorney General

BY: _________
JEANNE-MARIE ZERINGUE BARHAM
Assistant Attorney General

CCF, jr./JMZB/dam

xc: George Grazioso, Division of Administration

Page 3

Opinion Number 04-0029
Syllabus

107 Sheriffs
110 State - Surplus Property
22-2 Drugs – Narcotics, Etc.
47 Fines, Forfeitures & Penalties

Vehicles seized in accordance with the Seizure and Controlled Dangerous Substances Property Forfeiture Act, LSA-R.S. 40:2601, et seq. can be sold, on behalf of local law enforcement and judicial agencies, by the Division of Administration at its sales of state surplus property.

Honorable Steve E. Pylant, Sheriff
Parish of Franklin
6556 Main Street
Winnsboro, Louisiana 71295

Date Received:

Date Released: March 2, 2004

Jeanne-Marie Zeringue Barham
Assistant Attorney General