1.    If convicted of violating this chapter, the owner of an animal seized under section 36-21.2-05 is responsible for all costs related to the animal’s seizure, including required notifications, attorney’s fees, court costs, and any costs incurred in providing the animal with care or in providing for its destruction in accordance with section 36-21.2-06.

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Terms Used In North Dakota Code 36-21.2-07

  • Conviction: A judgement of guilt against a criminal defendant.
  • Lien: A claim against real or personal property in satisfaction of a debt.

2.     a.    The law enforcement agency that seized the animal has a lien upon the animal for all costs incurred as a result of the seizure and conviction. The lien is superior to any other claim or lien.

b.    If the lien is not satisfied by the animal’s owner, the law enforcement agency may apply to the court for an order enforcing the lien.

3.    If a seized animal is sold, the proceeds must be used first to satisfy the lienholder to the extent of the lien and second to satisfy any other claims involving the animal. Any remaining proceeds must be returned to the owner, as directed by the court. If the owner is unknown, any proceeds otherwise payable to the owner must be deposited in the general fund of the county.