Title 29 — Judicial Procedure, Criminal
48 chapters · 631 sections in this title.
N.D.C.C. § 29-31.1-01 Definitions
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In this chapter, unless the context or subject matter otherwise requires: 1. "Forfeitable property" means any of the following: a. Property that is illegally possessed or is contraband. b. Property that has been used or is intended to be used to facilitate the commission of a cri…
N.D.C.C. § 29-31.1-02 Disposition of nonforfeitable property
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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 forfei…
N.D.C.C. § 29-31.1-03 Seizure of forfeitable property
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Forfeitable property may be seized whenever and wherever the property is found within this state. Forfeitable property may be seized by taking custody of the property or by serving upon the person in possession of the property a notice of forfeiture and seizure. If the court find…
N.D.C.C. § 29-31.1-04 Forfeiture proceedings
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1. Forfeiture is a civil proceeding not dependent upon a prosecution for, or conviction of, a criminal offense and forfeiture proceedings are separate and distinct from any related criminal action. 2. Forfeiture proceedings brought under this chapter must be conducted in accordan…
N.D.C.C. § 29-31.1-05 Transfer of forfeitable property
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Title to, and responsibility for, forfeitable property vests with the seizing agency at the time of the seizure. Once forfeitable property is seized, no right to the property may be transferred by anyone other than the seizing agency unless the seizure and forfeiture is declared …
N.D.C.C. § 29-31.1-06 Disposition of forfeited property
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When property is forfeited under this chapter, the seizing agency may: 1. Retain the property for official use or transfer the custody or ownership of any forfeited property to any federal, state, or local agency. 2. Sell the forfeited property that is not required to be destroye…
N.D.C.C. § 29-31.1-07 Nonforfeitable interest - Purchase of forfeitable interest
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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…
N.D.C.C. § 29-31.1-08 Retention of forfeited property
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If property forfeitable under this chapter is needed as evidence in a criminal proceeding, it must be retained under the control of the prosecuting attorney, or the prosecuting attorney's designee, until such time as its use as evidence is no longer required. 29-31.1-09. Disposit…
N.D.C.C. § 29-31.1-10 Inapplicability of chapter
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The provisions of this chapter do not apply to forfeiture proceedings commenced under other specific provisions of law, including chapters 12.1-06.1, 19-03.1, and 20.1-10.