An investment property is only subject to forfeiture under Minnesota state law where (1) the retail value of the controlled substance seized from the property during a search or arrest has a retail value of $2,000.00 or more; and (2) the owner has knowledge that the property was used to store or manufacture illegal drugs.
If the property is a homestead, the Minnesota Constitution prohibits the sale of the home in a drug forfeiture proceeding.
If you own rental property, and a controlled subtance with a retail value of $100.00 or more is seized by the police during a search or arrest, the county attorney is required to notify the landlord and the tenant of the seizure. The landlord then required to commence an eviction proceeding against the tenant. If the the landlord fails to initiate the eviction proceeding and a second seizure of a controlled substance is make from the same rental property within one year, the rental property may be forfeited if the value of the the drugs on the second seizure is $1,000.00, or the two seizures are each worth $100.00.
If you have been served with notice of a property forfeiture in a controlled substance case, you will need an experienced forfeiture attorney to protect your asset. Contact attorney Robert J. Shane for a free phone consultation at (612) 339-1024 or visit his website for more information at http://www.criminallawyerminnesota.com.