§ 131A.160 Transfer of proceedings prohibited

Once a government agency starts the process to take property connected to a crime (called forfeiture), it usually has to finish that process in state court. It cannot just hand the case over to federal authorities instead. This rule stops agencies from shifting cases to the federal system just because it might be easier or more convenient for them.

There are only three situations where a state court will allow the case to move to the federal government. First, if the crime involves multiple states and is too complicated for the state to handle on its own. Second, if the only way the property can legally be forfeited is under federal law, not state law. Third, if handling the case under state law would create too much of a burden on the agency.

Before any transfer happens, a judge must review the case and decide that one of these three reasons actually applies. The agency has to prove this by a preponderance of the evidence, which means it must show that it is more likely than not that the reason is true. This rule protects people from having their property cases moved to a different court system without good reason and without a judge checking that the move is fair.