Section 23A-49-11 – Attorney general action with respect to seized property.
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 […]
Section 23A-49-12 – Property subject to security interest–Action by attorney general.
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 […]
Section 23A-49-13 – Civil action–Standard of proof.
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.
Section 23A-49-14 – Procedure in forfeiture proceedings involving property other than real property or conveyances.
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 […]
Section 23A-49-15 – Procedure in forfeiture proceedings involving real property or conveyances.
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 […]
Section 23A-49-16 – Service of process by mail where person released on bail.
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 […]
Section 23A-49-17 – Answer by party in interest.
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, […]
Section 23A-49-2 – Conveyance used in common carrier business not subject to forfeiture–Exception.
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 […]
Section 23A-49-3 – Stolen and leased conveyances not subject to forfeiture–Exception.
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 […]
Section 23A-49-4 – Conveyance not subject to forfeiture for acts or omissions of nonowner–Exception.
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 […]