When They Take Your Property
N.D.C.C. § 19-03.1-36.2 — forfeiture generally waits on a conviction, and the state proves it by clear and convincing evidence
Forfeitable property includes contraband, property used to commit or hide an offense, proceeds of crime, and a vehicle used in a felony. A home is not forfeitable for a co-owner's offense when that co-owner has not been convicted. Seized property is held safely by the agency.
- Forfeiture is a civil action against the property, proven by clear and convincing evidence.
- It may not begin until the owner is convicted or pleads guilty, unless the owner died, fled, was deported, got immunity, abandoned the property, or its criminal use is shown beyond a reasonable doubt.
- An owner who answers gets a hearing, and property found not forfeitable is ordered released.
Sources for this section (4)
- N.D.C.C. § 29-31.1-01 — Definitions
- N.D.C.C. § 29-31.1-03 — Seizure of forfeitable property
- N.D.C.C. § 19-03.1-36.2 — Forfeiture proceeding as civil action - Standard of proof
- N.D.C.C. § 19-03.1-36.6 — Hearing on contested forfeiture - Order releasing or forfeiting property
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed North Dakota attorney.