23A-49-1. Real property subject to forfeiture for crime listed in chapter 34-20B or 22-24A. All real property, including any right, title, and interest in the whole of any platted lot or tract of land which is measured in three hundred twenty acre increments, or all of any smaller amount and any appurtenances or improvements, which […]
23A-49-10. Seized property subject only to order of court or official. No property taken or detained pursuant to this chapter is replevinable or subject to an action in claim and delivery. However, the property is deemed to be in the custody of the attorney general, subject only to the orders and decrees of the court […]
23A-49-11. Attorney general action with respect to seized property. If property is seized under the provisions of this chapter, the attorney general may: (1)Place the property under seal; (2)Remove the property to a place designated by the attorney general; or (3)Take custody of the property and remove it to an appropriate location for disposition in […]
23A-49-12. Property subject to security interest–Action by attorney general. Any property, as described in subdivisions 34-20B-70(4), (6), and (7) or 22-24A-15(4), (6), and (7), or §23A-49-1, that is subject to a bona fide perfected security interest at the time of seizure of the personal property, at the time the offense was committed, and is forfeited […]
23A-49-13. Civil action–Standard of proof. Any forfeiture proceeding is a civil action against the property seized and the standard of proof shall be preponderance of the evidence. Source: SL 2016, ch 138, §13.
23A-49-14. Procedure in forfeiture proceedings involving property other than real property or conveyances. If property described in subdivisions 34-20B-70(2), (3), (5), (6), and (7) or 22-24A-15(2), (3), (5), (6), and (7) is seized, the attorney general shall file a summons and complaint for forfeiture of the property in circuit court for the county in which […]
23A-49-15. Procedure in forfeiture proceedings involving real property or conveyances. If property described in §23A-49-1 or subdivision 34-20B-70(4) or 22-24A-15(4) is seized, the attorney general shall file a summons and complaint for forfeiture of the property in circuit court of the county in which the property was seized or is being held. The proceedings shall […]
23A-49-16. Service of process by mail where person released on bail. If a person as described in §§23A-49-14 and 23A-49-15 is released on bail as provided by chapter 23A-43, a summons and complaint for forfeiture of the property may be served by mailing the summons and complaint by certified mail, no return receipt required, to […]
23A-49-17. Answer by party in interest. Within thirty days after the service of the notice pursuant to §23A-49-14 or 23A-49-15, the owner of the seized property and any other party in interest or claimant may file a verified answer to the claims described in the complaint instituting the forfeiture proceedings. Source: SL 2016, ch 138, […]
23A-49-18. Disposition of property by court where no appearance made. If at the end of thirty days after the notice has been served there is no verified answer on file and no claimant has appeared to defend the complaint, the court shall order the disposition of the seized property as requested in the complaint. Source: […]
23A-49-19. Trial–Disposition of property by court. If a verified answer is filed, the forfeiture proceedings shall be set for a trial on a day not more than one hundred eighty days from the date of the filing. Any party may demand a trial by jury for the forfeiture proceedings pursuant to §15-6-38(b). At the trial, […]
23A-49-2. Conveyance used in common carrier business not subject to forfeiture–Exception. Notwithstanding the provisions of subdivision 34-20B-70(4) or 22-24A-15(4), no conveyance used by any person as a common carrier in the transaction of business as a common carrier may be forfeited under the provisions of this chapter, unless it appears that the owner or other […]
23A-49-20. Attorney general’s disposition of forfeited property. If property is forfeited under this chapter, the attorney general may: (1)Retain the property for official use; (2)Sell any forfeited property which is not required to be destroyed by law and which is not harmful to the public, provided that the proceeds be disposed of for payment of […]
23A-49-21. Seized property–Written report–Contents. For any property seized or forfeited under this chapter, a law enforcement agency shall issue a report to the attorney general within a time specified and in a form prescribed by the attorney general, containing information about the property seized or forfeited as listed in §23A-49-22 and in rule promulgated by […]
23A-49-22. Seized property–Searchable website or spreadsheet. The attorney general shall establish and maintain a searchable public website or electronic spreadsheet that includes the following information about each property seized and forfeited: (1)Name of the law enforcement agency that seized the property or, if seized by a multijurisdictional state task force, the name of the lead […]
23A-49-23. Seized property–Information to be public. The attorney general, no more than 120 days after the close of the fiscal year, shall post on a searchable public website a report containing an itemized list of each property seized and forfeited for the preceding fiscal year as provided in §23A-49-22. The attorney general shall include in […]
23A-49-24. Seized property–Fees and costs recouped. The attorney general may use forfeiture proceeds to pay the costs of compiling and reporting data under §§23A-49-21 to 23A-49-25, inclusive. Source: SL 2022, ch 76, §4.
23A-49-25. Seized property–Promulgation of rules. The attorney general shall promulgate rules, in accordance with chapter 1-26 establishing: (1)The form for law enforcement agencies to file a report with the attorney general; (2)The deadline by which law enforcement must report under §23A-49-21; (3)Procedures necessary to facilitate the reporting provisions under this Act; and (4)Any information required […]
23A-49-3. Stolen and leased conveyances not subject to forfeiture–Exception. Notwithstanding the provisions of subdivision 34-20B-70(4) or 22-24A-15(4), no conveyance may be forfeited under the provisions of this chapter, by reason of any act or omission established by the owner of the conveyance to have been committed or omitted by any person other than the owner […]
23A-49-4. Conveyance not subject to forfeiture for acts or omissions of nonowner–Exception. Notwithstanding the provisions of subdivision 34-20B-70(4) or 22-24A-15(4), no conveyance may be forfeited under the provisions of this chapter, by reason of any act committed or omitted by a person other than an owner of the conveyance unless the owner knew or in […]
