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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