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Minnesota Legislature

Office of the Revisor of Statutes

609.908 DISPOSITION OF FORFEITURE PROCEEDS.
    Subdivision 1. Disposition alternatives. After making due provisions for the rights of
innocent persons, the prosecuting authority shall, as soon as feasible, dispose of all property
ordered forfeited under section 609.905 by:
(1) public sale;
(2) transfer to a state governmental agency for official use;
(3) sale or transfer to an innocent person; or
(4) destruction, if the property is not needed for evidence in a pending criminal or civil
proceeding.
    Subd. 2. No reversion to defendant. An interest in personal or real property not exercisable
by or transferable for value by the prosecuting authority expires and does not revert to the
defendant. Forfeited property may not be purchased by the defendant, relative of the defendant, or
any person acting in concert with the defendant or on the defendant's behalf.
    Subd. 3. Sale proceeds. The proceeds of a sale or other disposition of forfeited property
under this section whether by final judgment, settlement, or otherwise, must be applied as follows:
(1) to the fees and costs of the forfeiture and sale including expenses of seizure, maintenance,
and custody of the property pending its disposition, advertising, and court costs;
(2) to all costs and expenses of investigation and prosecution including costs of resources
and personnel incurred in investigation and prosecution; and
(3) the balance to the appropriate agencies under section 609.5315, subdivision 5.
History: 1989 c 286 s 11