Representative Brian M. Greene proposes the following substitute bill:


1     
ASSET FORFEITURE REVISIONS

2     
2015 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Brian M. Greene

5     
Senate Sponsor: ____________

6     

7     LONG TITLE
8     General Description:
9          This bill modifies the Forfeiture and Disposition of Property Act regarding civil
10     forfeiture procedures.
11     Highlighted Provisions:
12          This bill:
13          ▸     modifies the elements of qualifying as an innocent owner regarding property subject
14     to forfeiture;
15          ▸     requires a direct nexus of the property to a specific alleged criminal exchange or
16     transaction, in order for the property to be forfeited;
17          ▸     modifies the definition of proceeds that are from an offense giving rise to a
18     forfeiture;
19          ▸     requires the prosecutor to bring an action for civil forfeiture in a timely manner;
20          ▸     provides that any person may assert an interest in seized property or file an answer
21     to a forfeiture complaint without posting bond;
22          ▸     provides that the hardship provisions include use of funds to allow an individual to
23     obtain a legal defense in the forfeiture proceeding or the related criminal
24     proceeding;
25          ▸     provides that prejudgement interest shall be awarded, in addition to the current
26     postjudgment interest;
27          ▸     removes the cap of 20% of the value of the property subject to forfeiture when
28     awarding legal costs and attorney fees; and
29          ▸     modifies the obligations of a claimant regarding illegal use of the property subject to
30     forfeiture.
31     Money Appropriated in this Bill:
32          None
33     Other Special Clauses:
34          None
35     Utah Code Sections Affected:
36     AMENDS:
37          24-1-102, as last amended by Laws of Utah 2014, Chapter 112
38          24-4-102, as enacted by Laws of Utah 2013, Chapter 394
39          24-4-103, as enacted by Laws of Utah 2013, Chapter 394
40          24-4-104, as last amended by Laws of Utah 2014, Chapter 112
41          24-4-107, as enacted by Laws of Utah 2013, Chapter 394
42          24-4-108, as enacted by Laws of Utah 2013, Chapter 394
43          24-4-109, as enacted by Laws of Utah 2013, Chapter 394
44          24-4-110, as last amended by Laws of Utah 2014, Chapter 112
45     

46     Be it enacted by the Legislature of the state of Utah:
47          Section 1. Section 24-1-102 is amended to read:
48          24-1-102. Definitions.
49          As used in this title:
50          (1) "Account" means the Criminal Forfeiture Restricted Account created in Section
51     24-4-116.
52          (2) (a) "Acquittal" means a finding by a jury or a judge at trial that a claimant is not
53     guilty.
54          (b) An acquittal does not include:
55          (i) a verdict of guilty on a lesser or reduced charge;
56          (ii) a plea of guilty to a lesser or reduced charge; or
57          (iii) dismissal of a charge as a result of a negotiated plea agreement.
58          (3) "Agency" means any agency of municipal, county, or state government, including
59     law enforcement agencies, law enforcement personnel, and multijurisdictional task forces.
60          (4) "Claimant" means any:
61          (a) owner of property as defined in this section;
62          (b) interest holder as defined in this section; or
63          (c) person or entity who asserts a claim to any property seized for forfeiture under this
64     title.
65          (5) "Commission" means the Utah Commission on Criminal and Juvenile Justice.
66          (6) "Complaint" means a civil in rem complaint seeking the forfeiture of any real or
67     personal property under this title.
68          (7) "Constructive seizure" means a seizure of property where the property is left in the
69     control of the owner and the seizing agency posts the property with a notice of intent to seek
70     forfeiture.
71          (8) (a) "Contraband" means any property, item, or substance that is unlawful to
72     produce or to possess under state or federal law.
73          (b) All controlled substances that are possessed, transferred, distributed, or offered for
74     distribution in violation of Title 58, Chapter 37, Utah Controlled Substances Act, are
75     contraband.
76          (9) "Innocent owner" means a claimant who:
77          (a) held an ownership interest in property at the time the conduct subjecting the
78     property to forfeiture occurred, and:
79          [(i) did not have actual knowledge of the conduct subjecting the property to forfeiture;
80     or]
81          [(ii) upon learning of the conduct subjecting the property to forfeiture, took reasonable
82     steps to prohibit the illegal use of the property; or]
83          (i) did not give permission for the conduct or participate in the conduct;
84          (ii) did not directly commit the offense; and
85          (iii) did not solicit, request, command, encourage, or intentionally aid another person to
86     engage in the conduct; or
87          (b) acquired an ownership interest in the property and who had no knowledge that the
88     illegal conduct subjecting the property to forfeiture had occurred or that the property had been
89     seized for forfeiture, and:
90          (i) acquired the property in a bona fide transaction for value;
91          (ii) was a person, including a minor child, who acquired an interest in the property
92     through probate or inheritance; or
93          (iii) was a spouse who acquired an interest in property through dissolution of marriage
94     or by operation of law.
95          (10) (a) "Interest holder" means a secured party as defined in Section 70A-9a-102, a
96     mortgagee, lien creditor, or the beneficiary of a security interest or encumbrance pertaining to
97     an interest in property, whose interest would be perfected against a good faith purchaser for
98     value.
99          (b) "Interest holder" does not mean a person who holds property for the benefit of or as
100     an agent or nominee for another person, or who is not in substantial compliance with any
101     statute requiring an interest in property to be recorded or reflected in public records in order to
102     perfect the interest against a good faith purchaser for value.
103          (11) "Known address" means any address provided by a claimant to the agency at the
104     time the property was seized, or the claimant's most recent address on record with a
105     governmental entity if no address was provided at the time of the seizure.
106          (12) "Legal costs" means the costs and expenses incurred by a party in a forfeiture
107     action.
108          (13) "Legislative body" means:
109          (a) (i) the Legislature, county commission, county council, city commission, city
110     council, or town council that has fiscal oversight and budgetary approval authority over an
111     agency; or
112          (ii) the agency's governing political subdivision; or
113          (b) the lead governmental entity of a multijurisdictional task force, as designated in a
114     memorandum of understanding executed by the agencies participating in the task force.
115          (14) "Multijurisdictional task force" means a law enforcement task force or other
116     agency comprised of persons who are employed by or acting under the authority of different
117     governmental entities, including federal, state, county or municipal governments, or any
118     combination of these agencies.
119          (15) "Owner" means any person or entity, other than an interest holder, that possesses a
120     bona fide legal or equitable interest in real or personal property.
121          (16) (a) "Proceeds" means:
122          [(i) property of any kind that is obtained directly or indirectly as a result of the
123     commission of an offense that gives rise to forfeiture; or]
124          [(ii) any property acquired directly or indirectly from, produced through, realized
125     through, or caused by an act or omission regarding property under Subsection (16)(a)(i).]
126          [(b) "Proceeds" includes any property of any kind without reduction for expenses
127     incurred in the acquisition, maintenance, or production of that property, or any other purpose
128     regarding property under Subsection (16)(a)(i).]
129          [(c) "Proceeds" is not limited to the net gain or profit realized from the offense that
130     gives rise to forfeiture.]
131          (i) property of any kind that is:
132          (A) obtained directly as a result of the commission of an offense that gives rise to
133     forfeiture; and
134          (B) is limited to only that portion of property that is obtained directly as a result of the
135     commission of the offense giving rise to the forfeiture; and
136          (ii) cash received from the direct sale of, and property received from the direct transfer
137     of, property described in Subsection (16)(a)(i).
138          (17) "Program" means the State Asset Forfeiture Grant Program established in Section
139     24-4-117.
140          (18) "Property" means all property, whether real or personal, tangible or intangible, but
141     does not include contraband.
142          (19) "Prosecuting attorney" means:
143          (a) the attorney general and any assistant attorney general;
144          (b) any district attorney or deputy district attorney;
145          (c) any county attorney or assistant county attorney; and
146          (d) any other attorney authorized to commence an action on behalf of the state under
147     this title.
148          (20) "Public interest use" means a:
149          (a) use by a government agency as determined by the legislative body of the agency's
150     jurisdiction; or
151          (b) donation of the property to a nonprofit charity registered with the state.
152          (21) "Real property" means land and includes any building, fixture, improvement,
153     appurtenance, structure, or other development that is affixed permanently to land.
154          Section 2. Section 24-4-102 is amended to read:
155          24-4-102. Property subject to forfeiture.
156          (1) Except as provided in Subsection (3), all property that has been used to directly
157     facilitate the commission of a federal or state offense and any direct proceeds of criminal
158     activity may be forfeited under this chapter, including:
159          (a) real property, including things growing on, affixed to, and found in land; and
160          (b) tangible and intangible personal property, including money, rights, privileges,
161     interests, claims, and securities of any kind.
162          (2) If the property is used to facilitate a violation of Section 76-10-1204, 76-10-1205,
163     76-10-1206, or 76-10-1222, the property subject to forfeiture under this section is limited to
164     property, the seizure or forfeiture of which would not constitute a prior restraint on the exercise
165     of an affected party's rights under the First Amendment to the Constitution of the United States
166     or Utah Constitution, Article I, Section 15, or would not otherwise unlawfully interfere with the
167     exercise of those rights.
168          (3) A motor vehicle used in a violation of Section 41-6a-502, 41-6a-517, a local
169     ordinance that complies with the requirements of Subsection 41-6a-510(1), Subsection
170     58-37-8(2)(g), or Section 76-5-207 may not be forfeited unless:
171          (a) the operator of the vehicle has previously been convicted of a violation, committed
172     after May 12, 2009, of:
173          (i) a felony driving under the influence violation under Section 41-6a-502;
174          (ii) a felony violation under Subsection 58-37-8(2)(g); or
175          (iii) automobile homicide under Section 76-5-207; or
176          (b) the operator of the vehicle was driving on a denied, suspended, revoked, or
177     disqualified license; and
178          (i) the denial, suspension, revocation, or disqualification under [Subsection (3)(c)]
179     Subsections (3)(b)(i)(A) through (G) was imposed because of a violation under:
180          (A) Section 41-6a-502;
181          (B) Section 41-6a-517;
182          (C) a local ordinance that complies with the requirements of Subsection 41-6a-510(1);
183          (D) Section 41-6a-520;
184          (E) Subsection 58-37-8(2)(g);
185          (F) Section 76-5-207; or
186          (G) a criminal prohibition that the person was charged with violating as a result of a
187     plea bargain after having been originally charged with violating one or more of the sections or
188     ordinances described in Subsections (3)(b)(i)(A) through (F); or
189          (ii) the denial, suspension, revocation, or disqualification described in Subsections
190     (3)(b)(i)(A) through (G):
191          (A) is an extension imposed under Subsection 53-3-220(2) of a denial, suspension,
192     revocation, or disqualification; and
193          (B) the original denial, suspension, revocation, or disqualification was imposed
194     because of a violation described in Subsections (3)(b)(i)(A) through (G).
195          Section 3. Section 24-4-103 is amended to read:
196          24-4-103. Initiating forfeiture proceedings -- Notice of intent to seek forfeiture.
197          (1) (a) Within 30 days from the date that property is seized, an agency seeking to forfeit
198     property shall serve a notice of intent to seek forfeiture upon any claimants known to the
199     agency.
200          (b) The notice of intent to seek forfeiture shall describe the:
201          (i) date of the seizure;
202          (ii) property seized;
203          (iii) alleged relationship of the seized property to the conduct giving rise to forfeiture;
204          [(iii)] (iv) claimant's rights and obligations under this chapter, including the availability
205     of hardship relief in appropriate circumstances; and
206          [(iv)] (v) statutory basis for the forfeiture, including the judicial proceedings by which
207     property may be forfeited under this chapter.
208          (c) The notice of intent to seek forfeiture shall be served by:
209          (i) certified mail, return receipt requested, to the claimant's known address; or
210          (ii) personal service.
211          (d) The court may void any forfeiture made without notice under Subsection (1)(a),
212     unless the agency demonstrates:
213          (i) good cause for the failure to give notice to the claimant; or
214          (ii) that the claimant had actual notice of the seizure.
215          (2) (a) Once the agency has served each claimant with a notice of intent to seek
216     forfeiture, but no later than 60 days from the date that property is seized, the agency shall
217     present a written request for forfeiture to the prosecuting attorney.
218          (b) The written request shall:
219          (i) describe the property to be forfeited; and
220          (ii) include a copy of all reports, supporting documents, and other evidence necessary
221     for the prosecuting attorney to determine the legal sufficiency for filing a forfeiture action.
222          Section 4. Section 24-4-104 is amended to read:
223          24-4-104. Civil forfeiture procedure.
224          (1) (a) [The] A law enforcement agency shall promptly return seized property, and the
225     prosecuting attorney may take no further action to effect the forfeiture of the property, unless
226     within [75] 60 days after the property is seized the prosecuting attorney:
227          (i) files a criminal forfeiture indictment or information under Subsection 24-4-105(2);
228          (ii) obtains a restraining order under Subsection 24-4-105(3);
229          (iii) files a petition under Subsection 24-4-114(1); or
230          (iv) files a civil forfeiture complaint.
231          (b) The prosecutor shall take all reasonable steps to ensure a forfeiture proceeding
232     initiated under this section is concluded in a timely manner.
233          [(b) A] (2) The complaint for civil forfeiture under Subsection (1)(c) shall describe
234     with reasonable particularity [the]:
235          [(i)] (a) the property that is the subject of the forfeiture proceeding;
236          (b) a direct nexus between the seized property and the conduct giving rise to the
237     forfeiture under Subsection 24-4-102(2);
238          [(ii)] (c) date and place of seizure; and
239          [(iii)] (d) factual allegations that constitute a basis for forfeiture.
240          [(2)] (3) (a) After a complaint for civil forfeiture is filed in compliance with the
241     requirements of Subsections (1) and (2), the prosecuting attorney shall serve a copy of the
242     complaint and summons upon each claimant known to the prosecuting attorney within 30 days.
243          (b) The prosecuting attorney is not required to serve a copy of the complaint or the
244     summons upon any claimant who has disclaimed, in writing, an ownership interest in the
245     seized property.
246          (c) Service of the complaint and summons shall be by:
247          (i) personal service;
248          (ii) certified mail, return receipt requested, to the claimant's known address; or
249          (iii) service by publication, if the prosecuting attorney demonstrates to the court that
250     service cannot reasonably be made by personal service or certified mail.
251          (d) Service by publication shall be by publication of two notices, in two successive
252     weeks, of the forfeiture proceeding:
253          (i) in a newspaper of general circulation in the county in which the seizure occurred;
254     and
255          (ii) on [Utah's Public Legal Notice Website] the public legal notice website established
256     in Subsection 45-1-101(2)(b).
257          (e) Service is effective upon the earlier of:
258          (i) personal service;
259          (ii) mailing of a written notice; or
260          (iii) publication.
261          (f) Upon motion of the prosecuting attorney and a showing of good cause, the court
262     may extend the period to complete service under this section for an additional 60 days.
263          (g) An answer made by a claimant under this Subsection (3) shall be filed within 30
264     days after the complaint is served upon the claimant under this Subsection (3).
265          [(3) (a)] (4) In any case where the prosecuting attorney files a complaint for civil
266     forfeiture, [a claimant may file an answer to the complaint] any person may assert an interest in
267     seized property or file an answer to a complaint for civil forfeiture without posting bond with
268     respect to the property which is the subject of the seizure or forfeiture action.
269          [(b) The answer shall be filed within 30 days after the complaint is served upon the
270     claimant as provided in Subsection (2)(b).]
271          [(4)] (5) Except as otherwise provided in this chapter, forfeiture proceedings are
272     governed by the Utah Rules of Civil Procedure.
273          [(5)] (6) The court shall take all reasonable steps to expedite civil forfeiture
274     proceedings and shall give these proceedings the same priority as is given to criminal cases.
275          [(6)] (7) In all suits or actions brought under this section for the civil forfeiture of any
276     property, the burden of proof is on the prosecuting attorney to establish by clear and convincing
277     evidence the extent to which, if any, the property is subject to forfeiture.
278          [(7)] (8) A claimant may file an answer to a complaint for civil forfeiture without
279     posting bond with respect to the property subject to forfeiture.
280          Section 5. Section 24-4-107 is amended to read:
281          24-4-107. Innocent owners.
282          (1) An innocent owner's interest in property may not be forfeited under any provision
283     of state law.
284          (2) In a forfeiture proceeding [under this chapter] regarding property belonging to a
285     claimant other than a person charged or convicted for a crime subjecting that property to
286     forfeiture, the prosecuting attorney has the burden of establishing by clear and convincing
287     evidence that [a] the claimant:
288          (a) is responsible for the conduct giving rise to the forfeiture, subject to Subsection (4);
289          (b) knew of the conduct giving rise to the forfeiture, and allowed the property to be
290     used in furtherance of the conduct, subject to Subsection (4);
291          (c) acquired the property with notice of its actual or constructive seizure for forfeiture
292     under this chapter;
293          (d) acquired the property knowing the property was subject to forfeiture under this
294     chapter; or
295          (e) acquired the property in an effort to conceal, prevent, hinder, or delay its lawful
296     seizure or forfeiture under any provision of state law.
297          (3) [(a)] A claimant [under this chapter is not required to] does not have an obligation
298     under this section to take steps to prevent illegal use or criminal activity regarding the seized
299     property [that the claimant reasonably believes would be likely to result in physical harm or
300     danger to any person].
301          [(b)] (4) A claimant may demonstrate that the claimant was not responsible for the
302     conduct giving rise to forfeiture or did not allow the property to be used in the furtherance of
303     the conduct by providing evidence that the claimant took reasonable action to prohibit the
304     illegal use of the property by:
305          [(i)] (a) making a timely notification to a law enforcement agency of information that
306     led the claimant to know that conduct subjecting the property to seizure would occur, was
307     occurring, or has occurred;
308          [(ii)] (b) timely revoking or attempting to revoke permission to use the property
309     regarding those engaging in the illegal conduct; or
310          [(iii)] (c) taking reasonable actions to discourage or prevent the illegal use of the
311     property.
312          [(4)] (5) If the state relies on Subsection (2)(a) to establish that a claimant is not an
313     innocent owner, and if the claimant is criminally charged with the conduct giving rise to the
314     forfeiture and is acquitted of that charge on the merits:
315          (a) the property subject to the forfeiture or the open market value of the property, if the
316     property has been disposed of under Subsection 24-4-108(13), shall be returned to the
317     claimant; and
318          (b) any payments required under this chapter regarding holding the property shall be
319     paid to the claimant.
320          [(5)] (6) A person may not assert under this chapter an ownership interest in
321     contraband.
322          [(6) Property is presumed to be subject to forfeiture under this chapter if the
323     prosecuting attorney establishes that:]
324          [(a) the claimant has engaged in conduct giving cause for forfeiture;]
325          [(b) the property was acquired by the claimant during that period of the conduct giving
326     cause for forfeiture or within a reasonable time after that period; and]
327          [(c) there was no likely source for the purchase or acquisition of the property other than
328     the conduct giving cause for forfeiture.]
329          [(7) A finding that property is the proceeds of conduct giving cause for forfeiture does
330     not require proof that the property was the proceeds of any particular exchange or transaction.]
331          Section 6. Section 24-4-108 is amended to read:
332          24-4-108. Release of property held for forfeiture on certain grounds.
333          (1) After the seizing agency gives notice that the property is to be held for forfeiture, a
334     person or entity may not alienate, convey, sequester, or attach that property until the court
335     issues a final order of dismissal or an order of forfeiture regarding the property.
336          (2) The seizing agency or the prosecuting attorney may authorize the release of
337     property held for forfeiture to a claimant if retention of actual custody is unnecessary.
338          (3) With the consent of a court of competent jurisdiction, the prosecuting attorney may
339     discontinue forfeiture proceedings and transfer the action to another state or federal agency that
340     has initiated forfeiture proceedings involving the same property.
341          (4) Property held for forfeiture is considered to be in the custody of the district court
342     and subject only to:
343          (a) the orders and decrees of the court having jurisdiction over the property or the
344     forfeiture proceedings; and
345          (b) the acts of the agency that possesses the property or the prosecuting attorney
346     pursuant to this chapter.
347          (5) (a) A claimant may obtain release of property held for forfeiture by posting with the
348     district court a surety bond or cash in an amount equal to the current fair market value of the
349     property as determined by the court or by the parties' stipulation.
350          (b) The district court may refuse to order the release of the property if:
351          (i) the bond tendered is inadequate;
352          (ii) the property is contraband or is retained as evidence; or
353          (iii) the property is particularly altered or designed for use in conduct giving cause for
354     forfeiture.
355          (c) If a surety bond or cash is posted and the court later determines that the property is
356     subject to forfeiture, the court shall order the forfeiture of the surety bond or cash in lieu of the
357     property.
358          (6) A claimant is entitled to the immediate release of property held for forfeiture
359     pending the final determination of forfeiture if:
360          (a) the claimant had a possessory interest in the property at the time of seizure;
361          (b) continued possession by the agency or the state pending the final disposition of the
362     forfeiture proceedings will cause substantial hardship to the claimant, such as:
363          (i) preventing the functioning of a legitimate business;
364          (ii) preventing any individual from working;
365          (iii) preventing any child from attending elementary or secondary school;
366          (iv) preventing or hindering any person from receiving necessary medical care;
367          (v) hindering the care of an elderly or disabled dependent child or adult;
368          (vi) leaving any individual homeless; [or]
369          (vii) preventing an owner from retaining counsel to provide a defense in the forfeiture
370     proceeding or related criminal proceeding; or
371          [(vii)] (viii) any other condition that the court determines causes a substantial hardship;
372          (c) the hardship from the continued possession of the property by the agency outweighs
373     the risk that the property will be destroyed, damaged, lost, concealed, or transferred if it is
374     returned to the claimant during the pendency of the proceeding; and
375          (d) determination of substantial hardship under this Subsection (6) is based upon the
376     property's use prior to the seizure.
377          (7) After the seizing agency gives notice that the property is to be held for forfeiture, a
378     claimant may file a motion for hardship release:
379          (a) in the court in which forfeiture proceedings have commenced; or
380          (b) in any district court having jurisdiction over the property, if forfeiture proceedings
381     have not yet commenced.
382          (8) The motion for hardship release shall also be served upon the prosecuting attorney
383     or the seizing agency within 10 days after filing the motion.
384          (9) The court shall render a decision on a motion for hardship filed under this section
385     not later than 20 days after the date of filing, or 10 days after service upon the prosecuting
386     attorney or seizing agency, whichever is earlier, unless this period is extended by the agreement
387     of both parties or by the court for good cause shown.
388          (10) (a) If the claimant demonstrates substantial hardship pursuant to this section, the
389     court shall order the property immediately released to the claimant pending completion of
390     proceedings by the government to obtain forfeiture of the property.
391          (b) The court may place conditions on release of the property as it finds necessary and
392     appropriate to preserve the availability of the property or its equivalent for forfeiture.
393          (11) The hardship release under this section does not apply to:
394          (a) contraband;
395          (b) currency or other monetary instrument or electronic funds[; or], unless any of these:
396          (i) are used to pay for the reasonable costs of defending against the forfeiture
397     proceedings or related criminal proceedings; or
398          (ii) constitute the assets of a legitimate business; or
399          (c) property that is likely to be used to commit additional illegal acts if returned to the
400     claimant.
401          (12) (a) The court may order property that is held for forfeiture to be sold, as allowed
402     by Subsection (13), leased, rented, or operated to satisfy a specified interest of any claimant, or
403     to preserve the interests of any party on motion of that party.
404          (b) The court may enter orders under Subsection (12)(a) after written notice to persons
405     known to have an interest in the property, and after an opportunity for a hearing.
406          (13) (a) A sale may be ordered under Subsection (12) when the property is liable to
407     perish, waste, or be significantly reduced in value, or when the expenses of maintaining the
408     property are disproportionate to its value.
409          (b) A third party designated by the court shall dispose of the property by commercially
410     reasonable public sale and distribute the proceeds in the following order of priority:
411          (i) first, for the payment of reasonable expenses incurred in connection with the sale;
412          (ii) second, for the satisfaction of any interests, including those of interest holders, in
413     the order of their priority as determined by Title 70A, Uniform Commercial Code; and
414          (iii) third, any balance of the proceeds shall be preserved in the actual or constructive
415     custody of the court, in an interest-bearing account, subject to further proceedings under this
416     chapter.
417          Section 7. Section 24-4-109 is amended to read:
418          24-4-109. Prejudgment and postjudgment interest.
419          In any proceeding to forfeit currency or other negotiable instruments under this chapter,
420     the court shall award a prevailing [party] claimant prejudgment and postjudgment interest on
421     the currency or negotiable instruments at the interest rate established under Section 15-1-4.
422          Section 8. Section 24-4-110 is amended to read:
423          24-4-110. Attorney fees and costs.
424          (1) In any forfeiture proceeding under this chapter, the court shall award a prevailing
425     [property owner] claimant reasonable:
426          (a) legal costs; and
427          (b) attorney fees.
428          [(2) The legal costs and attorney fees awarded by the court to the prevailing party may
429     not exceed 20% of the value of the property.]
430          [(3)] (2) A [property owner] claimant that prevails only in part is entitled to recover
431     reasonable legal costs and attorney fees only on those issues on which the party prevailed, as
432     determined by the court.