# K.S.A. § 60-4106: 60-4106 - Exemptions; court required to determine whether proposed forfeitures are unconstitutionally excessive > Kansas · Statutes · In force URL: https://www.frixlaw.com/law-library/statutes/STATE_KS_C60_A41_S60-4106 ## Section - **Citation:** K.S.A. § 60-4106 - **Heading:** 60-4106 - Exemptions; court required to determine whether proposed forfeitures are unconstitutionally excessive - **Jurisdiction:** Kansas - **Kind:** Statutes - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** KS Code / Chapter 60 / Article 41 / Section 60-4106 ## Text 60-4106. Exemptions; court required to determine whether proposed forfeitures are unconstitutionally excessive. (a) Except as provided in this subsection, all property, including all interests in property, described in K.S.A. 60-4105, and amendments thereto, is subject to forfeiture subject to all mortgages, deeds of trust, financing statements or security agreements properly of record prior to the forfeiture held by an interest holder. (1) No real property or conveyance, or an interest therein, may be forfeited under this act unless the offense or conduct giving rise to forfeiture constitutes a felony, except as provided in the Kansas land and military installation protection act, K.S.A. 48-3801 et seq., and amendments thereto. (2) No conveyance used by any person as a common carrier in the transaction of business as a common carrier is subject to forfeiture under this act unless the owner or other person in charge of the conveyance is a consenting party or privy to a violation of this act. (3) No property is subject to forfeiture under this act if the owner or interest holder acquired the property before or during the conduct giving rise to the property's forfeiture, and such owner or interest holder: (A) Did not know and could not have reasonably known of the act or omission or that it was likely to occur; or (B) acted reasonably to prevent the conduct giving rise to forfeiture. (4) No property is subject to forfeiture if the owner or interest holder acquired the property after the conduct giving rise to the property's forfeiture, including acquisition of proceeds of conduct giving rise to forfeiture, and such owner or interest holder: (A) Acquired the property in good faith, for value; and (B) was not knowingly taking part in an illegal transaction. (5) (A) An interest in property acquired in good faith by an attorney as reasonable payment or to secure payment for legal services in a criminal matter relating to violations of this act or for the reimbursement of reasonable expenses related to the legal services is exempt from forfeiture unless before the interest was acquired the attorney knew of a judicial determination of probable cause that the property is subject to forfeiture. (B) The state bears the burden of proving that an exemption claimed under this section is not applicable. Evidence made available by the compelled disclosure of confidential communications between an attorney and a client other than nonprivileged information relating to attorney fees, is not admissible to satisfy the state's burden of proof. (b) Notwithstanding subsection (a), property is not exempt from forfeiture, even though the owner or interest holder lacked knowledge or reason to know that the conduct giving rise to property's forfeiture had occurred or was likely to occur, if the: (1) Person whose conduct gave rise to the property's forfeiture had authority to convey the property of the person claiming the exemption to a good faith purchaser for value at the time of the conduct; (2) owner or interest holder is criminally responsible for the conduct giving rise to the property's forfeiture, whether or not there is a prosecution or conviction; or (3) owner or interest holder acquired the property with notice of the property's actual or constructive seizure for forfeiture under this act, or with reason to believe that the property was subject to forfeiture under this act. (c) Prior to final judgment in a judicial forfeiture proceeding, the court shall determine whether the proposed forfeiture is unconstitutionally excessive pursuant to K.S.A. 60-4112(g), and amendments thereto, if the court has not made such determination earlier in the proceeding as a result of a petition filed pursuant to K.S.A. 60-4112(g), and amendments thereto. ## Nearby sections - [K.S.A. § 60-4101 60-4101 - Citation of act.](https://www.frixlaw.com/law-library/statutes/STATE_KS_C60_A41_S60-4101.md) - [K.S.A. § 60-4102 60-4102 - Definitions.](https://www.frixlaw.com/law-library/statutes/STATE_KS_C60_A41_S60-4102.md) - [K.S.A. § 60-4103 60-4103 - Jurisdiction and venue.](https://www.frixlaw.com/law-library/statutes/STATE_KS_C60_A41_S60-4103.md) - [K.S.A. § 60-4104 60-4104 - Covered offenses and conduct giving rise to forfeiture.](https://www.frixlaw.com/law-library/statutes/STATE_KS_C60_A41_S60-4104.md) - [K.S.A. § 60-4105 60-4105 - Property subject to forfeiture.](https://www.frixlaw.com/law-library/statutes/STATE_KS_C60_A41_S60-4105.md) - [K.S.A. § 60-4106 60-4106 - Exemptions; court required to determine whether proposed forfeitures are unconstitutionally excessive.](https://www.frixlaw.com/law-library/statutes/STATE_KS_C60_A41_S60-4106.md) - [K.S.A. § 60-4107 60-4107 - Seizure of property; notice; limitations on liability; requests for forfeiture; time limitations; federal adoption of seizure, when; limitations; settlements; waiver of rights prohibited.](https://www.frixlaw.com/law-library/statutes/STATE_KS_C60_A41_S60-4107.md) - [K.S.A. § 60-4108 60-4108 - Management and preservation.](https://www.frixlaw.com/law-library/statutes/STATE_KS_C60_A41_S60-4108.md) - [K.S.A. § 60-4109 60-4109 - Commencement of forfeiture proceedings; notice and probable cause affidavit; requirements; forfeiture liens.](https://www.frixlaw.com/law-library/statutes/STATE_KS_C60_A41_S60-4109.md) - [K.S.A. § 60-4110 60-4110 - Recognition of exemption.](https://www.frixlaw.com/law-library/statutes/STATE_KS_C60_A41_S60-4110.md) - [K.S.A. § 60-4111 60-4111 - Claims; filing of notice of receipt, form and manner.](https://www.frixlaw.com/law-library/statutes/STATE_KS_C60_A41_S60-4111.md) - [K.S.A. § 60-4112 60-4112 - Judicial proceedings, generally; probable cause determinations; court determinations of whether forfeitures are unconstitutionally excessive.](https://www.frixlaw.com/law-library/statutes/STATE_KS_C60_A41_S60-4112.md) - [K.S.A. § 60-4113 60-4113 - In rem proceedings.](https://www.frixlaw.com/law-library/statutes/STATE_KS_C60_A41_S60-4113.md) - [K.S.A. § 60-4114 60-4114 - In personam proceedings.](https://www.frixlaw.com/law-library/statutes/STATE_KS_C60_A41_S60-4114.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_KS_C60_A41_S60-4106. Check the current official text before relying on it. Not legal advice.