§ 385.150. Forfeiture of motor vehicles associated with certain designated offenses.

(a) Definitions. Whenever used in this section, the following terms shall have the indicated meaning:

(1)

Motor vehicle. Every vehicle which is self-propelled, including but not limited to automobiles, motorcycles, motor scooters and "motorized bicycles" as defined in Minn. Statute Section 169.01, Subd. 4a.

(2)

Designated offense. A conviction for a violation of Minn. Statute Section 609.324.

(3)

Conviction. Any of the following which have been accepted and recorded by the court:

a.

A plea of guilty; or

b.

A verdict of guilty by a jury or a finding of guilty by the court; or

c.

A stay of imposition of sentence pursuant to Minn. Statute Section 609.135, Subd. 1.

(4)

Notice. Notice mailed by certified mail to the address shown in the Minnesota Department of Public Safety records is deemed sufficient notice to the owner and secured party for all motor vehicles required to be registered pursuant to Minn. Statute Chapter 168.

(5)

Owner. A person, other than a secured party, having title to a motor vehicle. The term includes a person entitled to the use and possession of a motor vehicle subject to a security interest in another person, but excludes a lessee under a lease not intended as security.

(6)

Secured party. A person who has perfected a secured interest in a motor vehicle pursuant to Minn. Statute Chapter 168A.

(7)

Secured interest. Secured interest means a perfected, secured interest as defined in Minn. Statute Section 168A.01, and subject to the restrictions in Minn. Statute Section 168A.22.

(b)

Certain motor vehicles subject to forfeiture. Any motor vehicle used to commit or facilitate in any way, or used in any way during, the commission of any designated offense is subject to forfeiture.

Peace officers arresting or charging persons for violating any designated offense are empowered to seize and impound in the name of the City of Minneapolis any motor vehicle used to commit or facilitate in any way, or used in any way during, the commission of any designated offense, and shall hold the motor vehicle subject to court order of forfeiture.

The Minneapolis Police Department is deemed to have custody of the motor vehicle seized subject to the order of the court having jurisdiction over the forfeiture proceeding. Any motor vehicle seized as a result of a violation of any designated offense is not subject to replevin.

(c)

Notice to owner and secured party; bond by owner for possession during pendency. Within seven (7) calendar days after the seizure of a motor vehicle pursuant to this section, notice of the seizure shall be given by the chief of police or his designee by mailing to the owner and any secured party thereof at their last known address listed in the records of the Minnesota Department of Public Safety, a written notice of forfeiture. In the event that either the owner or the secured party of the seized motor vehicle are unknown, notice shall be by publication in a legal newspaper for the City of Minneapolis. If the owner of a motor vehicle seized under this section seeks possession of the motor vehicle before the forfeiture action is determined, the owner may post a bond payable to the City of Minneapolis in an amount equal to the retail value of the motor vehicle seized as listed in the National Automobile Dealers Association Used Car Guide. Upon posting of a bond, the seized motor vehicle shall be returned to the owner and the forfeiture action shall proceed against the security or bond in lieu of the seized motor vehicle.

(d)

Forfeiture; judicial determination. The forfeiture action under this chapter is a civil in rem action, separate from and independent of any criminal prosecution. A court may issue an order of forfeiture only upon a conviction of a designated offense.

(1)

Within twenty (20) days following the seizure of any motor vehicle, a separate complaint shall be filed in district court against the motor vehicle describing the year, make and model, vehicle identification number of the motor vehicle, and specifying the time and place of the unlawful use and stating the designated offense. The complaint shall be captioned in the name of the City of Minneapolis as plaintiff and the motor vehicle as defendant.

(2)

A copy of the complaint shall be served upon the owner and any secured party by certified mail to the address shown in the records of the Minnesota Department of Public Safety. Notice may otherwise be given in the manner provided by law for service of a summons and complaint in a civil action.

(3)

The complaint shall provide notice that any person claiming any right, title, or interest in the motor vehicle shall file an answer within twenty (20) days of service of the complaint. The answer must set forth the specific basis for the claim made as to right, title or interest in the motor vehicle and demand a judicial determination of the forfeiture.

(4)

The answer must be filed in district court together with proof of service of a copy of the answer on the city attorney or one of her or his assistants.

(5)

Upon the conviction of a person arrested for a designated offense the city shall move the district court for an order requiring the motor vehicle to be sold subject to any limitation set forth in this section.

(e)

Forfeiture, judicial determination and distribution of proceeds.

(1)

If no answer is filed within the time prescribed and the court shall order the motor vehicle sold, the motor vehicle shall be sold at a public auction and the proceeds devoted to law enforcement purposes except as provided herein.

(2)

If an answer is filed, and following a hearing the court orders the motor vehicle sold, then the order shall provide that all right, title and interest in the vehicle shall immediately vest in the City of Minneapolis, and that the city is authorized to sell the motor vehicle and that the city is authorized thereafter to convey title to the motor vehicle free of all liens and encumbrances.

(3)

All costs incurred by the city in the seizure, storage, forfeiture and sale shall first be deducted from the proceeds of any such sale, and any balance remaining from the proceeds shall be paid over to the city, except as provided in (4) below.

(4)

The interests of secured parties in a motor vehicle seized and sold under this section shall be satisfied in their order of priority.

(f)

Limitations on forfeiture of property associated with designated offenses.

(1)

A motor vehicle is subject to forfeiture under this section if any owner was privy to the act or omission upon which the forfeiture is based or the act or omission occurred with the knowledge or consent of any owner.

(g)

Dismissal, acquittal. If the person arrested for or charged with a violation of a designated offense is acquitted, the court having jurisdiction over the forfeiture proceeding shall dismiss the complaint against the motor vehicle and order its return to the person legally entitled to possess it. The city shall further return or release any security or bond which has been posted. (91-Or-210, § 1, 10-25-91)