When property is forfeited under this chapter, the seizing agency may:

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Terms Used In North Dakota Code 29-31.1-06

  • county: includes an organized county, or an organized county and such unorganized counties or other territory or parts of this state as may be attached by law to such organized county for judicial purposes. See North Dakota Code 29-01-13
  • Property: includes property, real and personal. See North Dakota Code 1-01-49
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49

1.    Retain the property for official use or transfer the custody or ownership of any forfeited property to any federal, state, or local agency.

2.    Sell the forfeited property that is not required to be destroyed by law and which is not harmful to the public. The proceeds from the sale, together with any monetary funds ordered to be forfeited, must be used first for the payment of all proper costs and expenses of the proceedings for forfeiture and sale, including expenses of seizure, maintenance of custody, advertising, and court costs with any remaining proceeds to be deposited, subject to section 54-12-14, in the appropriate state, county, or city general fund.

3.    Dispose of the property in accordance with the order of the court if the property cannot be retained, used, or sold by the seizing agency.