Prosecutors from both Burleigh and Morton counties are taking action in the case of horses seized north of New Salem.
Burleigh County Assistant State's Attorney Jeff Ubben says a civil forfeiture hearing will take place tomorrow at 9:30.
Ubben says notice has been sent to the owner of the horses, but he hasn't heard back.
Attorneys will ask that the owner turn the remaining horses over to the local sheriff's departments. The man has not been charged with any crimes although prosecutors expect them in the near future.
Ubben says a priority now is to make sure the living horses are cared for and adopted out.
119 horses were taken into custody in Morton County and another 38 in Burleigh County. Two dozen were taken to a horse rescue after 96 horses were found dead in Morton County and another three in Burleigh County in late January.