Whether or not the federal government's ability to seize the homes and other property of persons suspected of taking part in illicit drug activities without an indictment, hearing or trial has had the desired effect is debatable. But there is no question that occasionally, the authorities have snatched houses belonging to innocent owners.

That won't happen anymore, thanks to legislation signed into law by the President this spring that allows law enforcement officials to continue to pursue criminal investigations without compromising the rights of blameless owners who have absolutely no connection to the charges.

The new law, which had the backing of the politically powerful National Association of Realtors, creates an innocent-owner defense and places the burden on the government to prove the owner knew that illegal activities are taking place on his property.

Previously, the cops had only to show probable cause that an illegal activity was taking place to seize a suspect's house, car and other property, even if the suspect was renting it from an unknowing owner. Now, though, the burden of proof has been shifted from the owner to the government by requiring the police to show a preponderance of evidence justifying a taking.

The Civil Asset Forfeiture Act also ensures that the property of title holders who have taken reasonable steps to prevent illegal activities cannot be subject to forfeiture, and eliminates a costly bond requirement for owners who contest the confiscation of their homes.

In addition, the new law also allows aggrieved owners to recover their attorney's fees, extends the appeal period to 30 days, allows for the property to be returned to the owner pending disposition if a hardship would otherwise result, and permits property owners to sue for damages or negligence to the property.

Published: July 17, 2000

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When Lew Sichelman first started writing about housing in 1969, he was the youngest real estate writer in the country. Now, 37 years later, he's one of the oldest -- and most decorated. He has been rated the top housing columnist in the country by the National Association of Realtors as well as by his peers in the National Association of Real Estate Editors. Indeed, NAREE has recognized his work on numerous occasions. One year - due to his advancing age, he can't recall which one - he earned top honors in the annual NAREE Journalism Contest in three out of the four major writing categories. It was the first time one writer has won so many NAREE awards in a single year. Known for his ability to make even the most difficult topics understandable, Sichelman also has been honored by the National Association of Home Builders and the Mortgage Bankers Association. He began providing in-depth coverage of and consumer-oriented information about housing and housing finance at the Washington Daily News, where he was real estate editor. He held that same position for nine more years at the Washington Star, which purchased the News in 1972. The Star, a so-called "writer's newspaper" which also had the misfortune of being an evening paper, was put out of its misery in 1981, and Sichelman, who had begun self-syndicating his column in 1978, decided to become a full-time columnist. Today, his column, "The Housing Scene," is distributed by United Media to newspapers throughout the country. He also is on the staff of National Mortgage News, an independent newspaper which is considered the bible of the mortgage business. And he writes for numerous other publications, including MarketWatch.com, where he answers readers questions once a week, Sports Illustrated (don't ask), RealtyTimes.com, BigBuilder and others. Sichelman is married, the father of five and grandfather of eleven.