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Minn. Stat. § 609.5313

FORFEITURE BY JUDICIAL ACTION; PROCEDURE.

Known as the Criminal Code

The act spans §§ 609–609 (377 sections).

Applied in 6 court decisions — leading case Strange v. 1997 Jeep Cherokee, New Mexico Lic. 630-KLD, VIN 1J4FJ2881VL502086 (1999)

Most recently applied in Torgelson v. Real Property Known as 17138 880th Ave (July 2007)

1988 c 665 s 13; 2010 c 391 s 13; 2012 c 128 s 26

How often courts cite this section

19922000200720
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(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.

Official source: Minnesota Office of the Revisor of Statutes. Reproduced from public-domain Minnesota statutes; confirm against the official source for the current text. Not legal advice.