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North Dakota Century Code Title 19. Foods, Drugs, Oils, and Compounds § 19-03.1-36.7. Legal interest in property

Current as of January 01, 2024 | Updated by FindLaw Staff

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.

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Cite this article: FindLaw.com - North Dakota Century Code Title 19. Foods, Drugs, Oils, and Compounds § 19-03.1-36.7. Legal interest in property - last updated January 01, 2024 | https://codes.findlaw.com/nd/title-19-foods-drugs-oils-and-compounds/nd-cent-code-sect-19-03-1-36-7/

Read this complete North Dakota Century Code Title 19. Foods, Drugs, Oils, and Compounds § 19-03.1-36.7. Legal interest in property on Westlaw. Westlaw subscription required.

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