Forfeiture proceeding as civil action - Standard of proof
N.D. Cent. Code § 19-03.1-36.2
in effect19-03.1-36.2. Forfeiture proceeding as civil action - Standard of proof
1. Forfeiture proceedings are civil actions against the property to be forfeited and the
standard of proof is clear and convincing evidence.
2. Forfeiture proceedings are separate and distinct from any related criminal action, and
may not be initiated until the owner of the property has been convicted of or pled guilty
to a criminal offense, or the individual has died, fled the jurisdiction, been deported by
the United States government, been granted immunity or a reduced sentence in
exchange for testifying or assisting a law enforcement investigation or prosecution,
has abandoned the property, or it can be established beyond a reasonable doubt the
property was used in the commission of a crime or constituted the proceeds of criminal
activity. As used in this subsection, "abandoned the property" or "fled the jurisdiction"
means for a period of more than one year, the owner has not responded to any of the
reasonable efforts made by the seizing agency to contact the owner or has not
contacted the seizing agency.
3. Two or more law enforcement agencies and courts from different jurisdictions may
coordinate, cooperate, and engage in interjurisdictional prosecution under this section.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://ndlegis.gov/cencode/t19c03-1.pdf#nameddest=19-03p1-36p2Fetched: 10/16/2026