Iowa Code 809A.2 – Jurisdiction and venue
Current as of: 2023 | Check for updates
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1. The district court has jurisdiction under this chapter over:
a. All interests in property within this state at the time a forfeiture action is filed.
b. The interest in the property of an owner or interest holder who is subject to personal jurisdiction in this state.
Terms Used In Iowa Code 809A.2
- Interest holder: means a secured party within the meaning of chapter 554, or the beneficiary of a security interest or encumbrance pertaining to an interest in property, whose interest is perfected against a good faith purchaser for value. See Iowa Code 809A.1
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Owner: means a person, other than an interest holder, who has an interest in property. See Iowa Code 809A.1
- Property: means anything of value, and includes any interest in property, including any benefit, privilege, claim, or right with respect to anything of value, whether real or personal, tangible or intangible. See Iowa Code 809A.1
- state: when applied to the different parts of the United States, includes the District of Columbia and the territories, and the words "United States" may include the said district and territories. See Iowa Code 4.1
- Venue: The geographical location in which a case is tried.
2. In addition to the venue provided for under chapter 803 or any other provision of law, a proceeding for forfeiture under this chapter may be maintained in the county in which any part of the property is found or in the county in which a civil or criminal action could be maintained against an owner or interest holder for the conduct alleged to give rise to the forfeiture.