State v. One 1978 Chevrolet Corvette Vin 1Z87L8S437138

Foth, C.J.:

This is an in rem proceeding under K.S.A. 65-4135 to forfeit a 1978 Chevrolet Corvette which had been used to transport marijuana for sale. The primary question is whether, after a forfeiture proceeding is instituted, a person with actual knowledge of its pendency may acquire a security interest in the subject matter of the proceeding which will be superior to the interests of the law enforcement agency which instituted the proceeding. The trial court held such an after-acquired security interest to have priority. We reverse on that issue.

The chronology was:

On March 16, 1981, the…