§ 29-31.1-02 — Disposition of nonforfeitable property

North Dakota § 29-31.1-02

• Jurisdiction: North Dakota
• Title 29: Judicial Procedure, Criminal
• Ch. 29-31.1: Property Forfeiture and Disposition

Text

Seized property that is not required as evidence or for use in an investigation may be
returned to the owner without the requirement of a hearing, if the person's possession of the
property is not prohibited by law, the property is not forfeitable property, and there is no
forfeiture proceeding filed on behalf of the seizing agency. The seizing agency shall send notice
by regular mail, if the value of the property is less than two hundred fifty dollars, or certified mail,
if the value of the property is equal to or greater than two hundred fifty dollars, to the last-known
address of any person having an ownership or possessory right in the property stating that the
property is released and must be claimed within thirty days. Notice is deemed to have been
made upon the mailing of the notice. The notice must state that if no written claim for the
property is made upon the seizing agency within thirty days after the mailing of the notice, the
property will be deemed abandoned and disposed of accordingly. If there is more than one party
who may assert a right to possession or ownership of the property, the seizing agency may not
release the property to any party until the expiration of the date for filing claims unless all other
claimants execute a written waiver. If there is more than one claim filed for the return of property
under this section, at the expiration of the period for filing claims the seizing agency shall file a
copy of all such claims with the clerk of the district court and deposit the property with the court
in accordance with the provisions of chapter 32-11. If no owner can be located or no claim is
filed under this section, the property is deemed abandoned and the seizing agency becomes the
owner of the property and may dispose of it in any reasonable manner.