NCJ Number
154357
Journal
Boston University Law Review Volume: 72 Dated: (1992) Pages: 217-241
Date Published
1992
Length
25 pages
Annotation
This paper discusses the development and impact of laws and judicial decisions regarding drug forfeiture and the requirements of the innocent owner defense and proposes legislative reforms to protect eroding ownership interests.
Abstract
The discussion explains the procedures required for initiating a civil forfeiture proceeding, discusses the congressional goals underlying the forfeiture law, describes how innocent owners can protect their real property interests, and analyzes the detrimental impact forfeitures may have on innocent ownership rights. Legislative reforms are proposed to the existing forfeiture provisions that would reduce the damaging impact on innocent owners without undercutting the original legislative purpose. These reforms would include clarifying the forfeiture procedures and changing the law to clarify exactly how the proceeds from the sale of forfeited real property are distributed. Footnotes