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. 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)
Assets Forfeited per
Law Enforcement Agency
Equitable Sharing Proceeds from the Assets Forfeiture Fund (AFF)