North Dakota

Grades
Forfeiture
Law Grade
State Law Evasion Grade  Final
Grade
North Dakota
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Forfeiture Law
North Dakota provides better protections for property owners against civil forfeiture abuse than many states.  To forfeit property, the government only needs to demonstrate that there is probable cause to bring the forfeiture action and establish, by a preponderance of the evidence, that the property is related to criminal activity.  The burden is on the property owner to prove his innocence and establish that the property is not subject to forfeiture, effectively making owners guilty until proven innocent.  But the state does offer some important protections.  Under North Dakota law, residences and other real estate are not subject to forfeiture if they are co-owned by someone who has not been convicted of the underlying criminal offense.[1]  Additionally, none of the proceeds from civil forfeiture flow to law enforcement in North Dakota.


1 N.D. Cent. Code § 29-31.1-01; see also CCIM Institute. (2006, July 6). Civil asset forfeiture. Retrieved September 25, 2009, from http://www.ccim.com/system/files/Civil_Asset_Forfeiture_0.pdf.

 

Forfeitures as Reported to LEMAS (Drug-related only)

 

Total Assets
Forfeited

Assets Forfeited per
Law Enforcement Agency

1993

$124,929

$3,726

1997

$45,667

$280

2000

$162,983

$1,193

2003

$76,954

$844

 

Equitable Sharing Proceeds from the Assets Forfeiture Fund (AFF)

 

Proceeds Returned to State

FY 2000

$26,767

FY 2001

$47,097

FY 2002

$33,974

FY 2003

$10,796

FY 2004

$14,890

FY 2005

$41,168

FY 2006

$35,959

FY 2007

$69,903

FY 2008

$81,172

Total

$361,726

Average per Year

$40,192

 

Freedom of Information Data
No Data Available; Not Required to Collect

 

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