Art. 328.Power of Administration of Property Under Seizure

Seized property, especially a business, does not stop needing management just because it is under seizure. Without administration authority, a seized farm's crops could rot or a seized business could collapse before a judicial sale ever happens, losing value for the debtor and creditor alike. Article 328 gives the sheriff that authority, regardless of which type of writ or mandate led to the seizure.

The rule treats immovable and movable property differently. Immovable property not occupied by an owner and not under lease, the sheriff may lease on his own, but only for a term that does not run past the date of judicial sale. Movable property under seizure he cannot lease at all unless the court authorizes it and the parties consent, since movables are more easily lost, damaged, or worn down.

Continuing to operate a seized business, farm, or plantation is ordinarily left to the sheriff's judgment, but it becomes mandatory once an interested person advances the necessary funds or furnishes satisfactory security. That structure keeps the sheriff from having to spend the office's own money while still letting someone with a stake in the outcome keep the enterprise running, and it lets him bring on a manager and other employees to do it.