General Forfeiture Law in Minnesota | What Can Be Forfeited?

What Property Can Be Judicially Forfeited for Designated Offenses?

Minnesota law permits a court to order the forfeiture of certain property associated with the commission of a “designated offense.” Minn. Stat. § 609.5312, subd. 1(a).

“Designated offense” is defined by context rather than by a single list. Minn. Stat. § 609.531, subd. 1(f). Where a weapon is used, it reaches any violation of chapter 609, chapter 152, or chapter 624, without regard to offense level. For driver’s license or identification card transactions, Minn. Stat. § 609.531, subd. 1(f)(2), reaches any violation of Minn. Stat. § 171.22. For all other purposes, it reaches a felony violation of, or a felony-level attempt or conspiracy to violate, a closed enumerated list running from murder, criminal vehicular homicide and injury, assault, robbery, carjacking, kidnapping, false imprisonment, trafficking, and criminal sexual conduct through property and financial felonies such as theft, receiving stolen property, burglary, arson, criminal damage to property, identity theft, check forgery, insurance fraud, and financial transaction card fraud. Because clause (3) is the residual category, covering all purposes other than weapons used and driver’s license transactions, an offense it does not name is not a designated offense for those purposes. Manslaughter under sections 609.20 and 609.205, domestic assault, and felony stalking are absent from the list, though each is a designated offense where a weapon is used, because clause (1) reaches any violation of chapter 609.

Clause (3) also reaches a gross misdemeanor or felony violation of Minn. Stat. § 609.891, the unauthorized computer access statute. Minn. Stat. § 609.531, subd. 1(f)(3). It also reaches a gross misdemeanor or felony violation of Minn. Stat. § 624.7181, which makes it a crime to carry a BB gun, rifle, or shotgun on or about the person in a public place. Clause (3) further reaches “any violation of section 609.324,” the prostitution statute, an entry the clause states without the felony or gross misdemeanor qualifier it attaches to the other offenses it names. Minn. Stat. § 609.531, subd. 1(f)(3). Violations of that statute carry penalties ranging from a misdemeanor to a felony punishable by up to 20 years. Minn. Stat. § 609.324, subds. 1(a), 2(a), 6, 7(a).

Controlled substance crimes appear nowhere on the general list of designated offenses in Minn. Stat. § 609.531, subd. 1(f)(3); drug-related property is forfeited instead under Minn. Stat. § 609.5311. One category is different: for a weapon used, clause (1) of the same definition makes any violation of chapter 152, the controlled substances chapter, a designated offense.

A 2026 conforming amendment updated the designated-offense list to follow the recodification of medical assistance fraud. The reference to section 609.466 is now pinned to Minnesota Statutes 2024, section 609.466, because that section was repealed, and the recodified section 609.467 was added. No other offense in the list changed. 2026 Minn. Laws ch. 127, art. 8, § 6.

Three categories of property are subject to forfeiture under Minn. Stat. § 609.5312, subd. 1(a): personal property used or intended for use to commit or facilitate the commission of a designated offense; money and other property, real and personal, representing the proceeds of a designated offense; and contraband property. Each category is subject to the limitations in the same section.

All contraband property is subject to forfeiture under Minn. Stat. § 609.5312, subd. 1(a), except as that section otherwise provides. Contraband is property that is illegal to possess under Minnesota law. Minn. Stat. § 609.531, subd. 1(d). Weapons follow a separate statute and a separate track: except as that section otherwise provides, contraband must be summarily forfeited, and a dangerous weapon the actor used or had in possession in furtherance of a crime is contraband and must be summarily forfeited to the appropriate agency under Minn. Stat. § 609.5316, subds. 1, 3, but only upon a conviction of the weapon’s owner or possessor for a controlled substance crime, for an offense under chapter 609 or chapter 624, or for a violation of a domestic abuse order for protection under Minn. Stat. § 518B.01, subd. 14.

Computers get their own rule. When a computer or a component part of a computer is used or intended for use to commit or facilitate a designated offense, the computer and all software, data, and other property contained in it are subject to forfeiture unless prohibited by the federal Privacy Protection Act or other law. An agency returning hardware or data may charge the owner the cost of separating contraband from the property, but it may not charge those costs to an owner who was not privy to, and did not know of or consent to, the underlying act if that owner requests copies of specified legitimate data files and supplies storage media, or requests return of the computer less the storage devices on which contraband resides. Minn. Stat. § 609.5312, subd. 1a(b), (c).

Property associated with a designated offense may be forfeited by judicial order under Minn. Stat. § 609.5312 and Minn. Stat. § 609.5313, other than weapons used and contraband summarily forfeited under Minn. Stat. § 609.5316, subds. 1, 3. An action for forfeiture is a civil in rem action, Minn. Stat. § 609.531, subd. 6a(a), in which the prosecuting authority files a separate complaint against the property itself, captioned with the property as defendant, Minn. Stat. § 609.5313. The agency handling the judicial forfeiture bears the burden of proving by clear and convincing evidence that the property is an instrument or represents the proceeds of the underlying offense. Minn. Stat. § 609.531, subd. 6a(d).

A criminal conviction is now a prerequisite. Property is subject to judicial forfeiture only if a person is convicted of the criminal offense related to the forfeiture action - or, alternatively, is not charged with a chapter 152 offense related to the forfeiture action based in whole or in part on an agreement to provide information regarding another person’s criminal activity, or, in a controlled substance case, the person was not charged because of an agreement to provide information about another person’s criminal activity. For chapter 152 offenses, an admission of guilt, a sentence under section 152.152, a stay of adjudication under section 152.18, or a diversion referral counts as a conviction. The requirement reaches all judicial forfeitures under sections 609.5311 to 609.5318. Minn. Stat. § 609.531, subd. 6a(b), as amended by Laws 2014, ch. 201, § 1. The same 2014 act removed the no-conviction routes formerly available for drive-by-shooting vehicles and for weapons, vests, and cloning paraphernalia.

The law also provides certain defenses for innocent common carriers, innocent owners, and innocent secured parties. Minn. Stat. § 609.5312, subd. 2. Property is subject to forfeiture for a designated offense only if the owner was privy to the act or omission on which the forfeiture is based, or that act or omission occurred with the owner’s knowledge or consent. Knowledge alone does not forfeit the property when the owner or secured party took reasonable steps to terminate the offender’s use of it. Property encumbered by a bona fide security interest remains subject to the interest of the secured party unless that party knew of or consented to the act or omission on which the forfeiture is based, and a person claiming a security interest bears the burden of establishing that interest by clear and convincing evidence. Minn. Stat. § 609.5312, subd. 2(a) to (d). A bank, credit union, or other financial institution holding a bona fide security interest is protected separately under Minn. Stat. § 609.5319.

Two further protections apply across the chapter. Before the court enters an order disposing of the forfeiture action, any person who has an interest in forfeited property may file a petition with the prosecuting authority for remission or mitigation. The prosecuting authority may remit or mitigate the forfeiture on reasonable terms if it finds that the forfeiture was incurred without willful negligence or without any intention on the petitioner’s part to violate the law, or that extenuating circumstances justify relief. Minn. Stat. § 609.531, subd. 7. And if the prosecuting authority does not send the required notice within 60 days of seizure and no extension is granted or the extension has expired, the agency must return the property to the person from whom it was seized, if known. The return does not bar the agency from commencing a forfeiture proceeding later, and the agency need not return contraband or other property the person may not legally possess. Minn. Stat. § 609.5313(b); Minn. Stat. § 609.5314, subd. 2(c).

How Does Judicial Forfeiture Work for Controlled Substance Offenses?

The procedure is the same one: Minn. Stat. § 609.5313 governs judicial forfeiture under both section 609.5311 (controlled substances) and section 609.5312 (designated offenses), and the conviction requirement and clear-and-convincing burden in Minn. Stat. § 609.531, subd. 6a, apply to both. Judicial forfeiture of property tied to a controlled substance offense therefore generally requires a criminal conviction of a person for the related offense, and the agency must prove by clear and convincing evidence that the property is an instrument or represents the proceeds of that offense. The only exception to the conviction requirement is where the person was not charged under chapter 152 because of an agreement to provide information about another person’s criminal activity.

What differs is which property can be reached and the value thresholds that must be met:

• a “conveyance device” (a device used for transportation, including a motor vehicle, trailer, snowmobile, airplane, or vessel and any equipment attached to it, but not property that is itself stolen, Minn. Stat. § 609.531, subd. 1(a)) used in a controlled substance offense is forfeitable only if the retail value of the controlled substance is $100 or more and the device was used in the transportation or exchange of a controlled substance intended for distribution or sale (Minn. Stat. § 609.5311, subd. 3(a))
• real property is forfeitable when it is an instrument of a controlled substance offense or represents the proceeds of one, but in either case only if the retail value of the controlled substance or contraband is $2,000 or more, and homestead property exempt from seizure under Minn. Stat. § 510.01 is not subject to forfeiture at all (Minn. Stat. § 609.5311, subds. 2(a), 3(b))
• money is forfeitable only if it has a total value of $1,500 or more, or there is probable cause to believe it was exchanged for the purchase of a controlled substance; “money” includes United States currency and coin, foreign currency and coin, a bank check, cashier’s check, or traveler’s check, a prepaid credit card, cryptocurrency, or a money order (Minn. Stat. § 609.5311, subd. 3(h))
• forfeiture of real property is subject to the interests of a good faith purchaser for value who neither knew of nor consented to the act on which the forfeiture is based (Minn. Stat. § 609.5311, subd. 3(f))

The conveyance-device threshold rose from $75 to $100, and the transportation-or-exchange requirement replaced the former felony-level-offense condition, effective January 1, 2022, for seizures on or after that date. Laws 2021, 1st Spec. Sess. ch. 11, art. 5, § 12. The same act added the money floor and the homestead exclusion.

When Can Property Be Seized Before Forfeiture?

Minnesota law permits a law enforcement agency to seize forfeitable property in advance of its forfeiture. The seizure may be made by the appropriate agency upon process issued by any court having jurisdiction over the property. Minn. Stat. § 609.531, subd. 4. The law also authorizes seizure without process in three situations:

• the seizure is incident to a lawful arrest or a lawful search
• the property subject to seizure has been the subject of a prior judgment in favor of the state in a criminal injunction or forfeiture proceeding under chapter 609
• the appropriate agency has probable cause to believe that the delay occasioned by the necessity to obtain process would result in the removal or destruction of the property and that the property was used or is intended to be used in commission of a felony, or is dangerous to health or safety

Where property is seized without process because delay would result in its removal or destruction and the property was used or is intended to be used in commission of a felony, the prosecuting authority must institute a forfeiture action under Minn. Stat. § 609.5313 as soon as is reasonably possible. Minn. Stat. § 609.531, subd. 4(a).

When property is seized, the officer must provide a receipt to the person found in possession of the property; if no person is present, the officer must leave a receipt in the place where the property was found, if reasonably possible. Minn. Stat. § 609.531, subd. 4(b). Seized property is deemed to be in the custody of the appropriate agency, which must use reasonable diligence to secure the property and prevent waste, and which may place the property under seal or remove it to a place it designates. Minn. Stat. § 609.531, subd. 5.

The owner of the seized property may give security or post a bond payable to the appropriate agency in an amount equal to the property’s retail value and, thereby, regain possession of the property. If this is done, the forfeiture action proceeds against the security as if it were the seized property. This option is not available if the property is contraband or is being held for investigatory purposes. Minn. Stat. § 609.531, subd. 5a(a).

Alternatively, if the seized property is a motor vehicle, the owner may regain possession of the vehicle pending determination of the forfeiture action by surrendering the vehicle’s certificate of title to the appropriate agency, which must return the vehicle within 24 hours and may not also require security or a bond as a condition of release. The agency must notify the Department of Public Safety and any secured party noted on the certificate that this has occurred and must notify them again when it returns the surrendered title to the owner. Minn. Stat. § 609.531, subd. 5a(b).²

Seizures of motor vehicles used to commit certain prostitution crimes, or used to flee a peace officer in a way that endangers life or property, are governed by more restrictive provisions. These provisions apply to the seizure of vehicles used to commit or facilitate a prostitution offense under Minn. Stat. § 609.324 or a substantially similar local ordinance, and to vehicles used to violate Minn. Stat. § 609.487 (fleeing a peace officer) and endanger life or property. Minn. Stat. § 609.5312, subds. 3, 4. A vehicle may be seized while the charge is still an allegation, but it is forfeited only on proof of a criminal conviction for the offense.

If such a vehicle is seized before a judicial forfeiture order has been issued, a hearing must be held before a judge or referee within 96 hours of the seizure, and notice of the hearing must be given to the registered owner within 48 hours of the seizure.³ For both subdivisions, “seizure” occurs at the date of personal service of process on the registered owner or the date the registered owner is notified by certified mail at the address in Department of Public Safety records, not when the vehicle is physically taken.

The prosecuting authority must certify to the court, at or in advance of the hearing, that it has filed or intends to file charges against the alleged violator, and a failure to certify requires the court to order the vehicle returned to the owner. After conducting the hearing, the court must order the motor vehicle returned to the owner if the prosecuting authority failed to make the certification, the owner demonstrates to the court’s satisfaction a defense to the forfeiture (including the innocent-owner defenses in subdivision 2), or the court determines that seizure of the vehicle creates or would create an undue hardship for members of the owner’s family. If the defendant is acquitted or the charges against the defendant are dismissed, neither the owner nor the defendant is responsible for paying any costs associated with the seizure or storage of the vehicle. A vehicle leased or rented under Minn. Stat. § 168.27, subd. 4, for 180 days or less is not subject to forfeiture under either subdivision. Minn. Stat. § 609.5312, subds. 3, 4.

How Does Administrative Forfeiture Work for Controlled Substance Offenses?

Minnesota law contains a separate, nonjudicial procedure for forfeiting certain property seized in connection with a controlled substance offense. Under Minn. Stat. § 609.5314, subdivision 1, the following property is subject to administrative forfeiture:

• money totaling $1,500 or more, precious metals, and precious stones, where there is probable cause to believe they represent the proceeds of a controlled substance offense, and money found in proximity to controlled substances where there is probable cause to believe the money was exchanged for the purchase of a controlled substance
• conveyance devices containing controlled substances with a retail value of $100 or more, if there is probable cause to believe the conveyance device was used in the transportation or exchange of a controlled substance intended for distribution or sale
• all firearms, ammunition, and firearm accessories found: (1) in a conveyance device used or intended for use to commit or facilitate the commission of a felony offense involving a controlled substance; (2) on or in proximity to a person from whom a felony amount of a controlled substance is seized; or (3) on the premises where a controlled substance is seized and in proximity to that substance, if possession or sale of it would be a felony under chapter 152

The former presumption of forfeitability and the claimant’s burden to rebut it were repealed effective January 1, 2022. The statute now writes affirmative probable-cause and dollar thresholds into the categories themselves, and the former proximity-to-equipment and proximity-to-records triggers were repealed outright. Laws 2021, 1st Spec. Sess. ch. 11, art. 5, § 14. Since August 1, 2023, “controlled substance” for purposes of this section does not include cannabis flower, cannabis products, hemp-derived consumer products, or lower-potency hemp edibles, so none of the money, conveyance-device, or firearms categories reach property found with those items. The exclusion is definitional rather than conduct-based: it removes those items from the meaning of “controlled substance” for this section, whether or not the particular possession was lawful. Minn. Stat. § 609.5314, subd. 1(e).

Administrative forfeiture procedures may only be used if the property involved does not exceed $50,000 in value.

Law enforcement may seize the property on process issued by a court with jurisdiction over it, or without process in the three situations listed above. Minn. Stat. § 609.531, subd. 4. Once the property is seized, all persons known to hold an ownership or possessory interest must be notified of the seizure and the intent to forfeit within 60 days, and on motion of the agency or the prosecuting authority a court may extend that deadline by up to 90 days for good cause. Notice to a person known to hold a security interest is required only for motor vehicles registered under chapter 168, and only if the security interest is listed on the vehicle’s title. Minn. Stat. § 609.5314, subd. 2(a).

The written notice must describe the property seized, give the date of seizure, and state the right to judicial review of the forfeiture and the procedure for obtaining it. It must also carry two conspicuous warnings: a person who was arrested when the property was seized loses the property and the right to be heard in court unless that person files a lawsuit and serves the prosecuting authority within 60 days, and an owner who was not the person arrested loses the property and the right to be heard unless that owner notifies the prosecuting authority of the interest in writing within 60 days. Minn. Stat. § 609.5314, subd. 2(b).

If the demand is filed, the agency must conduct the forfeiture under the judicial procedure of Minn. Stat. § 609.531, subd. 6a, and the district court administrator must schedule the hearing as soon as practicable after, and in any event no later than 90 days following, the conclusion of the criminal prosecution. Minn. Stat. § 609.5314, subd. 3(a), (c).

If the person arrested when the property was seized does not file a civil complaint demanding a judicial determination and serve it on the prosecuting authority within 60 days after service of the notice of seizure and forfeiture, that person automatically loses the property and the right to be heard in court, and no later action for the property’s return may be maintained. An owner who was not the person arrested must instead notify the prosecuting authority of that interest in writing within the same 60 days. For a seized vehicle, the prosecuting authority may then release it to that owner or, to proceed with the forfeiture, must file a complaint against the vehicle within 30 days. Minn. Stat. § 609.5314, subds. 1a, 2, 3.

That innocent-owner route is new. For seizures on or after January 1, 2022, a person other than the defendant driver who claims an ownership interest in a vehicle seized under this section asserts that right by notifying the prosecuting authority in writing within 60 days of service of the notice of seizure. Minn. Stat. § 609.5314, subd. 1a(a); Laws 2021, 1st Spec. Sess. ch. 11, art. 5, § 15. The prosecuting authority may release the vehicle or must file a separate complaint against the vehicle within 30 days, which may be filed in district court or conciliation court with the filing fee waived. At the hearing the asserting person must prove by a preponderance of the evidence an actual ownership interest and either no actual or constructive knowledge of the unlawful use or reasonable steps to prevent it. Minn. Stat. § 609.5314, subd. 1a.

A claimant who succeeds has a cost remedy. If a demand for judicial determination of an administrative forfeiture is filed and the court orders the property returned, the court may order sanctions under Minn. Stat. § 549.211, paid from forfeited money or sale proceeds of the seizing and prosecuting agencies in the same proportion as the ordinary distribution. Minn. Stat. § 609.5314, subd. 3(d).

What Are the Rules for Drive-by Shooting Vehicle Forfeiture?

Minnesota law also contains a separate, nonjudicial procedure for forfeiting motor vehicles used to commit a “drive-by shooting” offense. The drive-by shooting offense imposes felony penalties on any person who, while in or having just exited from a motor vehicle, recklessly discharges a firearm at or toward a person, a motor vehicle, or a building. Minn. Stat. § 609.66, subd. 1e. A drive-by shooting at an unoccupied motor vehicle or building carries up to three years or a $6,000 fine, or both; firing at an occupied motor vehicle or building, or at a person, carries up to ten years or a $20,000 fine, or both. Minn. Stat. § 609.66, subd. 1e(b).

A motor vehicle used in a drive-by shooting is subject to forfeiture under Minn. Stat. § 609.5318 only if the prosecuting authority establishes by clear and convincing evidence that the vehicle was used in a violation of Minn. Stat. § 609.66, subd. 1e, and even then the vehicle is forfeitable only upon a conviction for the same offense. Minn. Stat. § 609.5318, subd. 1(a). A conviction of the owner no longer creates a presumption that the vehicle was used in the violation; the legislature deleted that presumption and made a conviction a prerequisite instead, effective August 1, 2014, for crimes committed on or after that date. 2014 Minn. Laws ch. 201, § 4.

As is true of other types of administrative forfeitures, this law permits seizure of the vehicle and, unless a claimant demands a judicial determination, forfeiture without any further hearings. This law differs from other administrative forfeiture laws in the following ways:

• notice of a vehicle seizure must be given to the registered owner within seven days of the seizure, and certified mail to the address shown in Department of Public Safety records is sufficient notice (Minn. Stat. § 609.5318, subd. 2)
• if a related criminal proceeding is pending, the 60-day period for demanding a judicial determination begins to run at the conclusion of that proceeding rather than at service of the notice of seizure and forfeiture (Minn. Stat. § 609.5318, subd. 3(a))
• a vehicle is subject to forfeiture only if the registered owner was privy to the act upon which the forfeiture is based, the act occurred with the owner’s knowledge or consent, or the act occurred due to the owner’s gross negligence in allowing another to use the vehicle (Minn. Stat. § 609.5318, subd. 5(b))

If a demand for judicial determination is filed and the court orders the return of the seized property, the court must order filing fees reimbursed to the person who filed the demand and may order payment of reasonable costs, expenses, attorney fees, and towing and storage fees. Minn. Stat. § 609.5318, subd. 4(b).

When Can Property Be Summarily Forfeited Without a Hearing?

Minnesota law requires seizing agencies to summarily forfeit certain property without going through any judicial or administrative proceeding. The types of property included in this provision are:

• contraband property, meaning property that is illegal to possess under Minnesota law. Except as the statute otherwise provides, this property must be summarily forfeited and either destroyed by the agency or used for law enforcement purposes; forfeited weapons may instead be sold in a commercially reasonable manner to federally licensed firearms dealers, and a forfeited catalytic converter must be sold to a scrap metal dealer or other business that may lawfully possess it (Minn. Stat. § 609.5316, subd. 1)
• radios or devices capable of receiving or transmitting police radio signals that are used in the commission or attempted commission of a felony, or of a violation of Minn. Stat. § 609.487 (fleeing a peace officer), which Minn. Stat. § 609.856, subd. 2, declares contraband property and Minn. Stat. § 609.5316, subd. 1, requires be summarily forfeited
• Schedule I controlled substances possessed, transferred, sold, or offered for sale in violation of chapter 152 or 342, or seized by peace officers when the owner is unknown. Species of plants from which Schedule I and II controlled substances may be derived that are wild growths, of unknown ownership or cultivation, or planted or cultivated in violation of chapter 152 may be seized and summarily forfeited to the state (Minn. Stat. § 609.5316, subd. 2)
• weapons used, meaning a dangerous weapon the actor used or had in possession in furtherance of a crime (Minn. Stat. § 609.531, subd. 1(b)), upon the owner’s or possessor’s conviction for a controlled substance crime, for a violation of the criminal code or chapter 624, or for a violation of a domestic abuse order for protection (Minn. Stat. § 609.5316, subd. 3)
• on conviction of domestic assault, or of harassment or stalking, a firearm the court determines the person owned or possessed and used in any way during the offense, and, under amendments effective August 1, 2026, every other firearm the person possesses (Minn. Stat. § 609.2242, subd. 3(b); Minn. Stat. § 609.749, subd. 8(d), each as amended by 2026 Minn. Laws ch. 75, §§ 7-8; Minn. Stat. § 645.02)
• the same expansion reaches a conviction for violating an order for protection: where the court determines the person owned or possessed a firearm and used it in any way during the violation, that firearm and, effective August 1, 2026, all other firearms the person possesses are summarily forfeited (Minn. Stat. § 518B.01, subd. 14(m), as amended by 2026 Minn. Laws ch. 75, § 5)
• bullet-resistant vests worn or possessed during the commission or attempted commission of a crime, upon the owner’s or possessor’s conviction for a controlled substance crime or for any offense under chapter 609
• telephone cloning paraphernalia, meaning materials that, when possessed in combination, are capable of creating a cloned cellular telephone, used in a violation of the cellular telephone counterfeiting statute, forfeited upon a conviction (Minn. Stat. § 609.5316, subd. 3; Minn. Stat. § 609.894)
• automated sales suppression devices, phantom-ware, and other devices containing such software used in violation of Minn. Stat. § 289A.63, subd. 12, and a catalytic converter possessed in violation of the used-converter possession prohibition in Minn. Stat. § 325E.21, each contraband summarily forfeited to the appropriate agency upon a conviction (Minn. Stat. § 609.5316, subd. 3)

Weapons used and bullet-resistant vests worn or possessed during the commission or attempted commission of a crime are contraband subject to summary forfeiture only upon conviction of the owner or possessor for an offense the statute names: for a weapon, a controlled substance crime, an offense under chapter 609 or chapter 624, or a violation of an order for protection under section 518B.01, subdivision 14; for a vest, a controlled substance crime or an offense under chapter 609. Telephone cloning paraphernalia used in violation of section 609.894, automated sales suppression devices used in violation of section 289A.63, subdivision 12, and a catalytic converter possessed in violation of section 325E.21 are likewise contraband subject to summary forfeiture upon a conviction. The sentence formerly allowing weapons used, bullet-resistant vests worn or possessed, and telephone cloning paraphernalia to be forfeited without a conviction was repealed effective August 1, 2014; automated sales suppression devices and catalytic converters were added to the subdivision later and have always carried the conviction condition. Judicial forfeiture now carries its own conviction requirement under Minn. Stat. § 609.531, subd. 6a. Minn. Stat. § 609.5316, subd. 3, as amended by 2014 Minn. Laws ch. 201, § 3.

Where the contraband is a catalytic converter, the agency must make reasonable efforts to identify the person from whom it was stolen and forward the sale proceeds to that person; if no victim is identified, the agency may keep 70 percent of the proceeds and forward the remaining 30 percent to the prosecuting office. Minn. Stat. § 609.5316, subd. 1(b).

Does Conciliation Court Have Jurisdiction Over Forfeiture Claims?

A claimant may contest an administrative forfeiture in conciliation court if the seized property is worth $15,000 or less, and no court filing fee is charged. That threshold comes from the forfeiture statutes themselves, Minn. Stat. § 609.5314, subd. 3(a), and Minn. Stat. § 169A.63, subd. 8(e). Minn. Stat. § 491A.01, subd. 3, has expired, and the general conciliation court limit now sits at $20,000 under subd. 3a, raised from $15,000 by Laws 2024, ch. 123, art. 15, § 6. The legislature did not conform those forfeiture provisions to that increase, which still read $15,000. Minn. Stat. § 609.5314, subd. 3(a); Minn. Stat. § 169A.63, subd. 8(e); compare Minn. Stat. § 491A.01, subd. 3a.

The conciliation court option belongs to administrative forfeiture only. If the seized property is worth $15,000 or less, a claimant contesting an administrative forfeiture may file the demand for a judicial determination in conciliation court and pays no filing fee. Minn. Stat. § 609.5314, subd. 3(a). The same conciliation court venue reaches a vehicle seized after a drive-by shooting under Minn. Stat. § 609.5318, where the filing fee terms differ. Minn. Stat. § 609.5312 provides no conciliation court route, and neither does section 609.5311: property associated with a designated offense, and controlled substance property forfeited judicially under section 609.5311 rather than administratively under Minn. Stat. § 609.5314, is instead forfeited by a judicial action the prosecuting authority commences under Minn. Stat. § 609.5313, where no conciliation court election exists.

The determination of claims in conciliation court must be without jury trial and by a simple and informal procedure, and conciliation court proceedings are not reported. Minn. Stat. § 491A.02, subd. 1. The filing fee in conciliation court is $65 per party, Minn. Stat. § 357.022, as compared to $310 per party on that party’s first paper in district court, Minn. Stat. § 357.021, subd. 2(1). The district court figure rose from $285 by Laws 2025, ch. 35, art. 1, § 20, and district court adds $100 for a jury demand and $100 for each motion or response. A claimant who demands judicial determination of an administrative forfeiture under Minn. Stat. § 609.5314, subd. 3(a), or under Minn. Stat. § 169A.63, subd. 8(e), does not have to pay the court filing fee, in district court or conciliation court, at any property value; the former $500 threshold was deleted effective January 1, 2022. How that waiver applies to a drive-by shooting forfeiture is unsettled: Minn. Stat. § 609.5318, subd. 3(b), routes the claimant’s demand to section 609.5314, subdivision 3, “except as otherwise provided in this section,” while the notice section 609.5318 requires still states that the claimant may not have to pay a filing fee for the lawsuit if unable to afford the fee, and does not have to pay a conciliation court fee if the property is worth less than $500. Minn. Stat. § 609.5318, subds. 2(c), 3(b).

How Are Forfeiture Proceeds Distributed?

Minnesota law provides various formulas for the disposition of forfeited property. When a court finds property subject to forfeiture, it orders the appropriate agency to carry out one of the dispositions listed in Minn. Stat. § 609.5315, subd. 1(a): the property may be sold if it is not required to be destroyed by law and is not harmful to the public; property other than money may be kept for official use by the seizing agency and the prosecuting agency; or the property may be forwarded to the federal Drug Enforcement Administration.

That last option now carries a limit. For seizures on or after January 1, 2022, an appropriate agency may not directly or indirectly transfer property subject to forfeiture under sections 609.531 to 609.5318 to a federal agency for adoption if the forfeiture would be prohibited under state law. Minn. Stat. § 609.531, subd. 9; Minn. Laws 2021, 1st Spec. Sess. ch. 11, art. 5, § 10. The prohibition reaches indirect transfers as well as direct ones.

If the forfeited property is a firearm, the disposition rules are these:

• if the firearm is an antique firearm as defined in Minn. Stat. § 624.712, subd. 3 (generally a pre-1899 matchlock, flintlock, or percussion-cap gun or a qualifying replica), the agency may sell it to the public and distribute the proceeds under subdivision 5 or 5b, and any such sale must be conducted in a commercially reasonable manner (Minn. Stat. § 609.5315, subd. 1(a)(3), (d))
• if the firearm is a semiautomatic military-style assault weapon as defined in Minn. Stat. § 624.712, subd. 7, the agency must either destroy it or use it for law enforcement purposes (Minn. Stat. § 609.5315, subd. 1(a)(4))
• if the firearm is neither of the foregoing, the agency may destroy the firearm, keep it for official use, or sell it to a federally licensed firearms dealer

If the Hennepin or Ramsey county board disapproves the sale policy, that county’s sheriff may not sell forfeited firearms, ammunition, or firearm accessories. Minn. Stat. § 609.5315, subd. 1(b).

Before any of that happens with an abandoned or stolen firearm, the agency must make best efforts for 90 days after the seizure to protect the firearm from harm and return it to the lawful owner. Minn. Stat. § 609.5315, subd. 7.

A seizing agency may not sell or otherwise dispose of administratively forfeited property until the prosecuting authority reviews the agency’s file and certifies that a seizure receipt was provided, that notice of the seizure and intent to forfeit was served, and that probable cause for the forfeiture exists based on the officer’s statement. The certification gates every disposition, not only sale, and the prosecuting authority is whichever attorney is responsible for prosecuting the offense that is the basis for the forfeiture, so it is not always the county attorney. Minn. Stat. § 609.5315, subd. 2; Minn. Stat. § 609.531, subd. 1(h).

An agency selling forfeited property may not sell it to an officer or employee of the seizing agency, to the prosecuting authority or anyone working in that office, or to a person related to any of them by blood or marriage, and every sale of forfeited property must be conducted in a commercially reasonable manner. Property kept for official use may be used only in the performance of official duties, and proceeds from a later sale of kept property are still distributed under subdivision 5. Minn. Stat. § 609.5315, subds. 1(c), 1(d), 3.

Property that consists of proceeds derived from or traced to a designated offense must be applied first to seizure, storage, forfeiture, and sale expenses and to satisfy valid liens against the property, and second to any court-ordered restitution, before the remainder is distributed. The rule is not limited to property that is sold. Minn. Stat. § 609.5315, subd. 4. If other forfeited property is sold, the proceeds likewise must first cover seizure, storage, forfeiture, and sale expenses and satisfy valid liens against the property. The remainder is then distributed according to the following formula:

• 70 percent to the appropriate law enforcement agency
• 20 percent to the prosecuting authority that handled the forfeiture
• 10 percent to the state treasury for credit to the general fund, forwarded within 60 days after resolution of the forfeiture

A special formula applies to the distribution of proceeds from the sale of vehicles forfeited for prostitution violations. In these cases, proceeds are distributed as follows:

• 40 percent to the appropriate law enforcement agency
• 20 percent to the prosecuting authority
• 40 percent to the city treasury for distribution to neighborhood crime prevention programs

Money used or intended to be used to facilitate a prostitution or solicitation offense, forfeited under Minn. Stat. § 609.5312, subd. 1(b), follows a third formula: 40 percent to the agency, 20 percent to the prosecuting authority, and the remaining 40 percent to the commissioner of health for deposit in the safe harbor for youth account, appropriated for distribution to crime victims services organizations serving sexually exploited youth. Minn. Stat. § 609.5315, subd. 5c.

A special formula also applies to the distribution of proceeds from property forfeited for trafficking of persons. In these cases, proceeds are distributed as follows:

• 40 percent to the appropriate law enforcement agency
• 20 percent to the prosecuting authority
• 40 percent to the commissioner of health, appropriated for distribution to crime victims services organizations that provide services to victims of trafficking offenses

For each forfeiture occurring in Minnesota, including a forfeiture pursued under federal law, both the law enforcement agency that seized the property and the prosecuting authority must give the state auditor a written record of the forfeiture incident, although the prosecuting authority need not report unless the state auditor notifies it that the agency has not. Agencies and prosecuting authorities file that record quarterly, and file a separate annual record of forfeiture proceeds and how those proceeds were spent. Each incident record must carry 15 items, among them the amount forfeited, the statutory authority, the date, a description of the circumstances, whether the forfeiture was contested, whether the defendant was convicted by plea or trial, gross and net revenue from disposition, and the make, model, and serial number of each firearm forfeited. Firearms seized but not forfeited are covered by the separate return-to-owner report, which requires no such itemization. For controlled substance and DWI forfeitures, the record must state whether the forfeiture was initiated as an administrative or a judicial forfeiture, and every record must state whether the property was sold, destroyed, or retained by the agency and how it was or is to be disposed of.

The annual proceeds record itemizes total amounts received, including proceeds received through federal forfeiture, how the money was spent across fourteen enumerated categories, the total value of forfeited property held and not disposed of, and the year-end balance of any designated forfeiture account. Multijurisdictional entities report on their own behalf. The state auditor must report annually to the legislature on the nature and extent of forfeitures, including the information each agency and prosecuting authority submits, with the summary data on seizures, forfeitures, and expenditures disaggregated by each agency and prosecuting authority, and the report published on the auditor’s website. Minn. Stat. § 609.5315, subd. 6.

The reporting duty reaches every forfeiture rather than a select list: a written record goes to the state auditor for each forfeiture occurring in the state regardless of the authority for it. Several forfeiture statutes repeat that obligation by cross-reference, including off-highway vehicles (Minn. Stat. § 84.7741, subd. 13), game and fish enforcement seizures (Minn. Stat. § 97A.221, subd. 5, and Minn. Stat. § 97A.223, subd. 6, each limited to firearms, bows, and motor vehicles), motor vehicles and boats (Minn. Stat. § 97A.225, subd. 10), DWI (Minn. Stat. § 169A.63, subd. 12), gambling (Minn. Stat. § 609.762, subd. 6), and racketeering (Minn. Stat. § 609.905, subd. 3), but those cross-references confirm the duty rather than limit it.

What Rules Apply to Residential Rental Property Drug Seizures?

A separate procedure formerly applied when contraband or a controlled substance manufactured, distributed, or acquired in violation of chapter 152 was seized on residential rental property incident to a lawful search or arrest. The procedure applied only where the retail value of the controlled substance was $100 or more. Minn. Stat. § 609.5317, subd. 4 (2020).

Under that procedure, the county attorney had to notify the landlord or the fee owner listed in the county assessor’s records, along with the owner’s agent authorized to accept service under section 504B.181, unless an investigation was ongoing. Notice went by certified mail, return receipt requested, within 30 days of the seizure. Within 15 days after notice of a first occurrence, the landlord had to either bring an eviction action against the tenant or assign to the county attorney the right to bring that action, in writing on a form prepared by the county attorney.

If the landlord did neither and there was a second occurrence within one year involving the same tenant, on residential rental property owned by the same landlord in the same county, the property became subject to judicial forfeiture. Minn. Stat. § 609.5317, subdivision 4, set its own thresholds for that forfeiture: the section did not subject real property to forfeiture under section 609.5311 unless the retail value of the controlled substance was $1,000 or more, or there had been two previous controlled substance seizures involving the same tenant. Because the forfeiture itself proceeded under Minn. Stat. § 609.5311, that section’s own floor applied as well, and it rose from $1,000 to $2,000 effective August 1, 2010. Minn. Stat. § 609.5317, subd. 4 (2020); Minn. Stat. § 609.5311, subd. 3(b); Minn. Laws 2010, ch. 391, § 12.

The legislature repealed Minn. Stat. § 609.5317 effective January 1, 2022, so it is no longer current law, and no successor provision was enacted. Minn. Laws 2021, 1st Spec. Sess., ch. 11, art. 5, § 22. Real property used in a controlled substance offense, rental property included, is now reachable under Minn. Stat. § 609.5311, which requires a controlled substance or contraband retail value of $2,000 or more and forfeits only where the owner was privy to the unlawful use or it occurred with the owner’s knowledge or consent, and which exempts homestead property protected by section 510.01. Minn. Stat. § 609.5311, subds. 2, 3. The designated-offense statute does not supply a second route, because Minn. Stat. § 609.5312, subd. 1(a), reaches real property only as proceeds, and a controlled substance crime is a designated offense only where a weapon is used. Minn. Stat. § 609.531, subd. 1(f).

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Credit: Portions of this post were adapted from an earlier edition of the Minnesota House Research Department publication Minnesota’s Forfeiture Laws, then written by legislative analyst Rebecca Pirius. The current edition is Minnesota’s Forfeiture Laws (July 2026), by Ben Johnson. The statutory descriptions in this post have been verified against Minnesota Statutes as published by the Office of the Revisor of Statutes rather than re-copied from the publication, which lists the district court filing fee as $285, Minnesota House Research Dep’t, Minnesota’s Forfeiture Laws (July 2026), while the statute sets it at $310, Minn. Stat. § 357.021, subd. 2(1).

This post is also part of a series of posts on Minnesota’s Forfeiture Laws

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If your property has been seized, see our Criminal Defense practice area.