Torgelson v. . Real Property Known as 17138 880th Ave., Renville County

OPINION

RUSSELL A. ANDERSON, Chief Justice.

We are asked in this appeal to decide whether Minnesota’s drug asset forfeiture statute, Minn.Stat. § 609.5311, subd. 2 (2006), is constitutional as applied to homestead property. Appellants, county attorneys for Renville and Yellow Medicine counties, obtained judgment of forfeiture of respondents’ homestead properties under the drug asset forfeiture statute. In a consolidated appeal, the court of appeals reversed. We affirm, holding that the Minnesota Constitution precludes the forfeitures of respondents’ homestead properties.

The facts in this case…