2000 Minnesota Statutes

     609.5314 Administrative forfeiture of certain property 
  seized in connection with a controlled substances seizure. 

    Subdivision 1.    Property subject to administrative 
 forfeiture; presumption.  (a) The following are presumed to be 
 subject to administrative forfeiture under this section: 

    (1) all money, precious metals, and precious stones found 
 in proximity to: 

    (i) controlled substances; 

    (ii) forfeitable drug manufacturing or distributing 
 equipment or devices; or 

    (iii) forfeitable records of manufacture or distribution of 
 controlled substances; 

    (2) all conveyance devices containing controlled substances 
 with a retail value of $100 or more if possession or sale of the 
 controlled substance would be a felony under chapter 152; and 

    (3) all firearms, ammunition, and firearm accessories found:

    (i) in a conveyance device used or intended for use to 
 commit or facilitate the commission of a felony offense 
 involving a controlled substance; 

    (ii) on or in proximity to a person from whom a felony 
 amount of controlled substance is seized; or 

    (iii) on the premises where a controlled substance is 
 seized and in proximity to the controlled substance, if 
 possession or sale of the controlled substance would be a felony 
 under chapter 152. 

    (b) A claimant of the property bears the burden to rebut 
 this presumption. 

    Subd. 2.    Administrative forfeiture procedure.  (a) 
 Forfeiture of property described in subdivision 1 is governed by 
 this subdivision.  When seizure occurs, or within a reasonable 
 time after that, all persons known to have an ownership, 
 possessory, or security interest in seized property must be 
 notified of the seizure and the intent to forfeit the property.  
 In the case of a motor vehicle required to be registered under 
 chapter 168, notice mailed by certified mail to the address 
 shown in department of public safety records is deemed 
 sufficient notice to the registered owner.  The notification to 
 a person known to have a security interest in seized property 
 required under this paragraph applies only to motor vehicles 
 required to be registered under chapter 168 and only if the 
 security interest is listed on the vehicle's title. 

    (b) Notice may otherwise be given in the manner provided by 
 law for service of a summons in a civil action.  The notice must 
 be in writing and contain: 

    (1) a description of the property seized; 

    (2) the date of seizure; 

    (3) notice of the right to obtain judicial review of the 
 forfeiture and of the procedure for obtaining that judicial 
 review, printed in English, Hmong, and Spanish.  Substantially 
 the following language must appear conspicuously:  "IF YOU DO 
 NOT DEMAND JUDICIAL REVIEW EXACTLY AS PRESCRIBED IN MINNESOTA 
 STATUTES, SECTION 609.5314, SUBDIVISION 3, YOU LOSE THE RIGHT TO 
 A JUDICIAL DETERMINATION OF THIS FORFEITURE AND YOU LOSE ANY 
 RIGHT YOU MAY HAVE TO THE ABOVE DESCRIBED PROPERTY.  YOU MAY NOT 
 HAVE TO PAY THE FILING FEE FOR THE DEMAND IF DETERMINED YOU ARE 
 UNABLE TO AFFORD THE FEE.  IF THE PROPERTY IS WORTH $7,500 OR 
 LESS, YOU MAY FILE YOUR CLAIM IN CONCILIATION COURT.  YOU DO NOT 
 HAVE TO PAY THE CONCILIATION COURT FILING FEE IF THE PROPERTY IS 
 WORTH LESS THAN $500."  

    Subd. 3.    Judicial determination.  (a) Within 60 days 
 following service of a notice of seizure and forfeiture under 
 this section, a claimant may file a demand for a judicial 
 determination of the forfeiture.  The demand must be in the form 
 of a civil complaint and must be filed with the court 
 administrator in the county in which the seizure occurred, 
 together with proof of service of a copy of the complaint on the 
 county attorney for that county, and the standard filing fee for 
 civil actions unless the petitioner has the right to sue in 
 forma pauperis under section 563.01.  If the value of the seized 
 property is $7,500 or less, the claimant may file an action in 
 conciliation court for recovery of the seized property.  If the 
 value of the seized property is less than $500, the claimant 
 does not have to pay the conciliation court filing fee.  No 
 responsive pleading is required of the county attorney and no 
 court fees may be charged for the county attorney's appearance 
 in the matter.  The proceedings are governed by the Rules of 
 Civil Procedure. 

    (b) The complaint must be captioned in the name of the 
 claimant as plaintiff and the seized property as defendant, and 
 must state with specificity the grounds on which the claimant 
 alleges the property was improperly seized and the plaintiff's 
 interest in the property seized.  Notwithstanding any law to the 
 contrary, an action for the return of property seized under this 
 section may not be maintained by or on behalf of any person who 
 has been served with a notice of seizure and forfeiture unless 
 the person has complied with this subdivision. 

    (c) If the claimant makes a timely demand for judicial 
 determination under this subdivision, the appropriate agency 
 must conduct the forfeiture under section 609.531, subdivision 
 6a.  The limitations and defenses set forth in section 609.5311, 
 subdivision 3, apply to the judicial determination. 

    (d) If a demand for judicial determination of an 
 administrative forfeiture is filed under this subdivision and 
 the court orders the return of the seized property, the court 
 shall order that filing fees be reimbursed to the person who 
 filed the demand.  In addition, the court may order sanctions 
 under section 549.211.  If the court orders payment of these 
 costs, they must be paid from forfeited money or proceeds from 
 the sale of forfeited property from the appropriate law 
 enforcement and prosecuting agencies in the same proportion as 
 they would be distributed under section 609.5315, subdivision 5. 

    HIST: 1988 c 665 s 14; 1989 c 290 art 3 s 31; 1991 c 323 s 
 2,3; 1993 c 326 art 1 s 8,9; 1997 c 213 art 2 s 5; 1999 c 225 s 
 3,4