North Dakota § 19-03.1-36.7 Legal interest in property

North Dakota Statutes

§ 19-03.1-36.7 — Legal interest in property

North Dakota § 19-03.1-36.7

Title 19Foods, Drugs, Oils, and Compounds

Ch. 19-03.1Uniform Controlled Substances Act

This text of North Dakota § 19-03.1-36.7 (Legal interest in property) is published on Counsel Stack Legal Research, covering North Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.D. Cent. Code § 19-03.1-36.7 (2026).

Text

1.A person alleging a bona fide legal interest in property to be forfeited must establish by a preponderance of the evidence that such legal interest existed at the time of seizure or taking of custody of the property. In the case of a claimed bona fide security interest in the property, the person claiming such interest must establish by a preponderance of the evidence that the security interest in the property to be forfeited existed or was of public record at the time of seizure or taking of custody of the property.

2.Upon a determination by the court that property is subject to forfeiture, the owner of the property to be forfeited or any other person with a legal interest in the property may petition the court to determine whether the forfeiture is unconstitutionally excessive.

a.A

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1. A person alleging a bona fide legal interest in property to be forfeited must establish by
a preponderance of the evidence that such legal interest existed at the time of seizure
or taking of custody of the property. In the case of a claimed bona fide security interest
in the property, the person claiming such interest must establish by a preponderance
of the evidence that the security interest in the property to be forfeited existed or was
of public record at the time of seizure or taking of custody of the property.
2. Upon a determination by the court that property is subject to forfeiture, the owner of
the property to be forfeited or any other person with a legal interest in the property may
petition the court to determine whether the forfeiture is unconstitutionally excessive.
a. A vehicle valued at less than two thousand dollars may not be forfeited unless the
court finds the vehicle has been modified to conceal contraband or currency.
b. Real property constituting a homestead may not be forfeited.
c. In determining whether a forfeiture is excessive, the court shall consider all
factors, including the fair market value of the property, the extent to which the
owner or person participated in the offense, the extent to which the property was
used or received in committing the offense, and the possible penalty that could be
imposed for the alleged or committed offense subject to forfeiture.

d. The court may not consider the value of the property to the state in determining
whether the forfeiture is unconstitutionally excessive.