Real or personal property not subject to forfeiture

Ark. Code Ann. § 5-5-602 — under Disposition of Contraband and Seized Property.

Ark. Code Ann. § 5-5-602

(a) (1) Real or personal property used in furtherance of a violation of the Human Trafficking Act of 2013, § 5-18-101 et seq., shall not be forfeited under this section unless the real or personal property was used with the owner's knowledge.(2) If the confiscating authority has reason to believe that the real or personal property is leased or rented, the confiscating authority shall notify the owner of the real or personal property within five (5) days of the confiscation or within five (5) days of learning that the real or personal property is leased or rented.(3) Forfeiture of real or personal property encumbered by a bona fide security interest is subject to the interest of the secured party if the secured party did not have knowledge of nor consented to the act or omission in violation of the Human Trafficking Act of 2013, § 5-18-101 et seq.

(1) Real or personal property used in furtherance of a violation of the Human Trafficking Act of 2013, § 5-18-101 et seq., shall not be forfeited under this section unless the real or personal property was used with the owner's knowledge.

(2) If the confiscating authority has reason to believe that the real or personal property is leased or rented, the confiscating authority shall notify the owner of the real or personal property within five (5) days of the confiscation or within five (5) days of learning that the real or personal property is leased or rented.

(3) Forfeiture of real or personal property encumbered by a bona fide security interest is subject to the interest of the secured party if the secured party did not have knowledge of nor consented to the act or omission in violation of the Human Trafficking Act of 2013, § 5-18-101 et seq.

(b) No property used by any person as a common carrier in the course of business as a common carrier is subject to forfeiture under this subchapter unless it appears that the owner or other person in charge of the property is a consenting party or privy to a violation of the Human Trafficking Act of 2013, § 5-18-101 et seq.