North Dakota § 29-31.1-07 Nonforfeitable interest - Purchase of forfeitable interest

North Dakota Statutes

§ 29-31.1-07 — Nonforfeitable interest - Purchase of forfeitable interest

North Dakota § 29-31.1-07

Title 29Judicial Procedure, Criminal

Ch. 29-31.1Property Forfeiture and Disposition

This text of North Dakota § 29-31.1-07 (Nonforfeitable interest - Purchase of forfeitable interest) 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 § 29-31.1-07 (2026).

Text

1.Property may not be forfeited under this chapter to the extent of an interest of an owner who had no part in the commission of the crime and who had no knowledge of the criminal use or intended use of the property. However, if it is established that the owner permitted the use of the property under circumstances in which a reasonable person should have inquired into the intended use of the property and that the owner failed to do so, there is a rebuttable presumption that the owner knew that the property was intended to be used in the commission of a crime.

2.Upon receipt of forfeited property, the seizing agency shall permit any owner or lienholder of record having a nonforfeitable property interest in the property the opportunity to purchase the property interest forfeited. If the ow

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1. Property may not be forfeited under this chapter to the extent of an interest of an
owner who had no part in the commission of the crime and who had no knowledge of
the criminal use or intended use of the property. However, if it is established that the
owner permitted the use of the property under circumstances in which a reasonable
person should have inquired into the intended use of the property and that the owner
failed to do so, there is a rebuttable presumption that the owner knew that the property
was intended to be used in the commission of a crime.
2. Upon receipt of forfeited property, the seizing agency shall permit any owner or
lienholder of record having a nonforfeitable property interest in the property the
opportunity to purchase the property interest forfeited. If the owner or lienholder does
not exercise the option under this subsection within sixty days of mailing of written
notice to such person of such option, the option is terminated unless the time for
exercising the option is extended by the seizing agency.
3. A person having a valid, recorded lien or property interest in forfeited property, which
has not been repurchased pursuant to subsection 2, must either be reimbursed to the
extent of the nonforfeitable property interest or to the extent of the amount raised by
the sale of the item, whichever amount is less. The sale of forfeited property must be
conducted in a manner that is commercially reasonable and calculated to provide a
sufficient return to cover the cost of the sale and reimburse any nonforfeitable interest.
The validity of a lien or property interest is determined as of the date the property is
seized. All costs and expenses of the proceedings for forfeiture and sale, including
expenses of seizure, maintenance of custody, advertising, and court costs, must be

first deducted from the sale proceeds and paid to the party incurring such costs and
expenses.
4. This section does not preclude a civil suit by an owner of an interest in forfeited
property against the party who, by criminal use, caused the property to become
forfeited to the seizing agency.