North Dakota Petition for Forfeiture
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FAQ
Property is subject to forfeiture if it was either: (1) personal property used or intended for use to commit or facilitate the commission of a designated offense; or (2) real or personal property representing the proceeds of a designated offense.
Forfeiture Overview Criminal forfeiture is an action brought as a part of the criminal prosecution of a defendant. ... Civil judicial forfeiture is an in rem (against the property) action brought in court against the property.
A criminal case involving the seized property. If a criminal case is filed, the agency will hold your property until all criminal proceedings and related cases are final. As part of the criminal case, the prosecution could ask that you lose your right to the property. This is called forfeiture.
Forfeiture is broadly defined as the loss of property for failing to obey the law, and that property is generally lost to the state. A person may have a vested interest in property to be forfeit in two ways: In personum jurisdiction and in rem jurisdiction.
Under Federal law, there are three (3) types of forfeiture: criminal forfeiture, civil judicial forfeiture, and administrative forfeiture.
A general example of forfeiture is a failure to make payment under a contract for the sale of immovable property. The advance for purchase of property is likely to be forfeited under the contract.
Criminal forfeiture operates as punishment for a crime. It, therefore, requires a conviction, following which the state takes the assets in question from the criminal. Civil forfeiture rests on the idea (a legal fiction) that the property itself, not the owner, has violated the law.
Iowa earns a D- for its civil forfeiture laws. It does not require conviction of the owner, only of any person, and does not apply to property valued above $5,000.