Hearing on contested forfeiture - Order releasing or forfeiting property
N.D. Cent. Code § 19-03.1-36.6
in effect19-03.1-36.6. Hearing on contested forfeiture - Order releasing or forfeiting property
1. If an answer is filed within the time limits in this chapter, the forfeiture proceedings
must be set for hearing before the court. At the hearing, the state shall establish a valid
seizure of the property to be forfeited, and the property meets the requirements of
subsection 2 of section 19-03.1-36.2. Following the state's case, any owner or person
with a legal interest in the property to be forfeited who has filed an answer to the
complaint has the burden of proving that the property to be forfeited is not subject to
forfeiture under this chapter. If the court finds that the property is not subject to
forfeiture under this chapter, the court shall order the property released to the owner or
other person with a legal interest in the property as that person's right, title, or interest
appears. The court shall order the property forfeited if it determines that such property
or an interest therein is subject to forfeiture.
2. A court ordering property forfeited under subsection 1 may order only the forfeited
property or proceeds from the sale of forfeited property to be deposited with a political
subdivision if the political subdivision has created a civil asset forfeiture fund. If the
political subdivision does not have a civil asset forfeiture fund, any forfeited property
and proceeds from the sale of forfeited property must be deposited in the attorney
general's asset forfeiture fund.
3. A political subdivision that has a civil asset forfeiture fund shall establish an application
process, including eligibility criteria, to accept and process applications from law
enforcement agencies within the political subdivision's jurisdiction for an appropriation
from the civil asset forfeiture fund.
4. This section does not prohibit the state and a political subdivision from entering an
agreement to divide forfeited property and the proceeds from the sale of forfeited
property.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://ndlegis.gov/cencode/t19c03-1.pdf#nameddest=19-03p1-36p6Fetched: 10/16/2026