(a) All property declared to be forfeited vests in the state at the time of commission of the conduct giving rise to forfeiture together with the proceeds of the property after that time. Any property or proceeds transferred later to any person remain subject to forfeiture and thereafter shall be ordered to be forfeited unless the transferee claims and establishes in a hearing under this chapter that the transferee is a bona fide purchaser for value and the transferee’s interest is exempt under paragraph (2) of subsection (a) of Code Section 9-16-17.
§ 9-16-18.Forfeited property vests in state at time conduct giving rise to forfeiture committed; release of property upon entry of judgment in favor of owner
Chapter 16. Uniform Civil Forfeiture Procedure Act · Last amended 2015 · Last verified July 17, 2026
In one sentenceO.C.G.A. § 9-16-18 vests forfeited property, along with its later proceeds, in the state at the moment the conduct giving rise to forfeiture occurred, keeps any later transfer subject to forfeiture unless the transferee proves bona fide purchaser status under Code Section 9-16-17(a)(2), and requires the court to promptly release forfeitable property to a claimant who wins judgment, free of liens and encumbrances.
Full Text of § 9-16-18
(b) On entry of judgment for a person claiming an interest in the property that is subject to a civil forfeiture proceeding, the court shall order that the property or interest in the property be released or delivered promptly to that person free of liens and encumbrances.
Plain-English Summary
This section fixes the exact moment forfeited property becomes the state’s: not when a court enters judgment, but back at the time the underlying conduct was committed. That relation-back rule reaches forward too, sweeping in any proceeds the property generates after that moment.
Because title vests that early, a later transfer to someone else doesn’t clean the property. Subsection (a) keeps transferred property subject to forfeiture in the transferee’s hands, unless that transferee proves at a hearing under this chapter that they’re a bona fide purchaser for value whose interest qualifies as exempt under the timing and knowledge conditions set out in Code Section 9-16-17(a)(2).
Subsection (b) works from the claimant’s side of the case. If a claimant wins judgment establishing their interest in property subject to a civil forfeiture proceeding, the court has to order that property or interest released and delivered to them promptly, free of liens and encumbrances — the word “shall” makes that outcome mandatory once judgment favors the claimant.
Frequently Asked Questions
When does forfeited property legally become state property?
At the moment the conduct giving rise to forfeiture was committed — not when a court later enters judgment. This is often called a relation-back rule.
If someone sells or transfers property after committing the underlying conduct, can the state still forfeit it from the new owner?
Generally yes, unless the transferee proves at a hearing under this chapter that they’re a bona fide purchaser for value whose interest is exempt under Code Section 9-16-17(a)(2).
Does the relation-back rule reach profits earned from the property after the triggering conduct?
Yes. Subsection (a) extends to “the proceeds of the property after that time,” not just the original property itself.
If I win my forfeiture case as a claimant, what does the court have to do?
Order the property or interest released and delivered to me promptly, free of liens and encumbrances, under subsection (b).
Can the state keep property after a claimant wins a judgment for it?
No. Subsection (b) uses mandatory language — the court “shall” order prompt release and delivery once judgment favors the claimant.
Amendment History
Code 1981, § 9-16-18, enacted by Ga. L. 2015, p. 693, § 1-1/HB 233.
Source & verification. Section text and amendment history are
reproduced verbatim from the Official Code of Georgia Annotated, published by the
Official Code of Georgia Annotated, Georgia Code Revision Commission / LexisNexis. Last verified July 17, 2026.
· Official source
Also known as: Georgia forfeiture relation back rulewhen does forfeited property vest in state Georgiabona fide purchaser forfeiture transfer Georgiarelease of forfeited property after judgment Georgia