(a) The forfeiture of property under sections 609.5311 and 609.5312 is governed by this section. A separate complaint must be filed against the property stating the act, omission, or occurrence giving rise to the forfeiture and the date and place of the act or occurrence. Within 60 days from when the seizure occurs, the prosecuting authority shall notify the owner or possessor of the property of the action, if known or readily ascertainable. The action must be captioned in the name of the prosecuting authority or the prosecuting authority's designee as plaintiff and the property as defendant. Upon motion by the prosecuting authority, a court may extend the time period for sending notice for a period not to exceed 90 days for good cause shown.
(b) If notice is not sent in accordance with paragraph (a), and no time extension is granted or the extension period has expired, the appropriate agency shall return the property to the person from whom the property was seized, if known. An agency's return of property due to lack of proper notice does not restrict the right of the agency to commence a forfeiture proceeding at a later time. The agency shall not be required to return contraband or other property that the person from whom the property was seized may not legally possess.
Notes of Decisions
Blanche v. 1995 Pontiac Grand Prix (VIN: 162WJ12M95F268403), 599 N.W.2d 161 (Minn. 1999).
· cites it 8× “See Minn. Stat. §§ 609.5313 -.5314 (1998). Both administrative and judicial forfeiture procedures may be initiated to confiscate certain properties found in proximity to controlled substances, and also "conveyance devices containing controlled substances with a retail value of…”
Johnson v. Multiple Miscellaneous Items Numbered 1-424, 523 N.W.2d 238 (Minn. Ct. App. 1994).
· cites it 2× “5312 (1988) with the forfeiture of property associated with certain specifically enumerated nondrug crimes, section 609.5313 (1988) with judicial foreclosure, section 609.”
King v. One 1990 Cadillac DeVille, 567 N.W.2d 752 (Minn. Ct. App. 1997).
· cites it 6× “Judicial forfeiture procedure is determined by Minn.Stat. § 609.5313 (1996). To initiate the process, a separate complaint must be filed against the property, stating the occurrence supporting the forfeiture complaint and the date and place of the occurrence.”
Torgelson v. Real Prop. Known as 17138 880th Ave, 734 N.W.2d 279 (Minn. Ct. App. 2007).
· cites it 2× “We disagree. *284 We agree that the forfeiture of property under the drug forfeiture statute is in rem and proceeds against the property itself and not the owner of the property.”
Wolf Motor Co. v. One 2000 Ford F-350, VIN IFTSX31F1YEC59488, 658 N.W.2d 900 (Minn. Ct. App. 2003).
· cites it 4× “Is prejudgment interest properly awarded in proceedings conducted under Minn.Stat. § 609.5313 (2002)? 3. Does a district court abuse its discretion in awarding attorney fees against a party after finding that the party unreasonably pursued its interest in improperly forfeited…”
Schmitz v. $40,703.00, 572 N.W.2d 760 (Minn. Ct. App. 1997).
· cites it 8× “Minn.Stat. §§ 609.5313, 609.5314 (1996). In administrative forfeiture proceedings commenced under Minn.”
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