As used in this chapter, the term:
§ 9-16-2.Definitions
Chapter 16. Uniform Civil Forfeiture Procedure Act · Last amended 2015 · Last verified July 17, 2026
In one sentenceO.C.G.A. § 9-16-2 defines the fourteen key terms — including “owner,” “interest holder,” “state attorney,” “property,” “proceeds,” and “trustee” — that give precise legal meaning to every other section of Georgia’s civil forfeiture chapter.
Full Text of § 9-16-2
(A) “Beneficial interest” means either of the following:
(i) The interest of a person as a beneficiary under any written trust arrangement pursuant to which a trustee holds legal or record title to real property for the benefit of such person; or
(ii) The interest of a person under any other written form of express fiduciary arrangement pursuant to which any other person holds legal or record title to real property for the benefit of such person.
(B) Such term shall not include the interest of a stockholder in a corporation, the interest of a partner in either a general partnership or limited partnership, or an equitable interest.
(2) “Civil forfeiture proceeding” means a quasi-judicial forfeiture initiated pursuant to Code Section 9-16-11 or a complaint for forfeiture initiated pursuant to Code Section 9-16-12 or 9-16-13.
(3) “Costs” means, but shall not be limited to:
(A) All expenses associated with the seizure, towing, storage, maintenance, custody, preservation, operation, or sale of property; and
(B) Satisfaction of any security interest or lien not subject to forfeiture under this chapter.
(4) “Court costs” means, but shall not be limited to:
(A) Charges and fees taxed by the court, including filing, transcription, and court reporter fees, and advertisement costs; and
(B) Payment of receivers, conservators, appraisers, accountants, or trustees appointed by the court pursuant to Code Section 9-16-10 or 9-16-14.
(5) “Financial institution” means a bank, trust company, national banking association, industrial bank, savings institution, or credit union chartered and supervised under state or federal law.
(6) “Governmental agency” means any department, office, council, commission, committee, authority, board, bureau, or division of the executive, judicial, or legislative branch of a state, the United States, or any political subdivision thereof.
(7) “Interest holder” means a secured party within the meaning of Code Section 11-9-102, the claim of a beneficial interest, or a perfected encumbrance pertaining to an interest in property.
(8) “Owner” means a person, other than an interest holder, who has an interest in property and is in compliance with any statute requiring its recordation or reflection in public records in order to perfect the interest against a bona fide purchaser for value.
(9) “Proceeds” means property derived directly or indirectly from, maintained by, or realized through an act or omission relating to criminal conduct and includes any benefit, interest, or property of any kind without reduction for expenses incurred for acquisition, maintenance, or any other purpose.
(10) “Property” means anything of value and includes any interest in anything of value, including real property and any fixtures thereon, and tangible and intangible personal property, including but not limited to currency, instruments, securities, or any other kind of privilege, interest, claim, or right.
(11) “Real property” means any real property situated in this state or any interest in such real property, including, but not limited to, any lease of or mortgage upon such real property.
(12) “State attorney” means a district attorney of this state or his or her designee or, when specifically authorized by law, the Attorney General or his or her designee.
(A) “Trustee” means either of the following:
(i) Any person who holds legal or record title to real property for which any other person has a beneficial interest; or
(ii) Any successor trustee or trustees to any of the foregoing persons.
(B) Such term shall not include the following:
(i) Any person appointed or acting as:
(I) A guardian, conservator, or personal representative under Title 29 or Chapters 1 through 11 of Title 53, the “Revised Probate Code of 1998”; or
(II) A personal representative under former Chapter 6 of Title 53 as such existed on December 31, 1997; or
(ii) Any person appointed or acting as a trustee of any testamentary trust or as trustee of any indenture of trust under which any bonds are issued.
(14) “United States” means the United States and its territories and possessions, the 50 states, and the District of Columbia.
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.
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
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