The Fifth Amendment to the United States Constitution requires the federal government to pay “just compensation” when it takes private property. While that rule sounds clear in principle, it doesn’t often seem to mean what it says either to government or to the courts. On the contrary, it seems as though the federal government actually can and does take private property for its own use without paying “just compensation” or, in fact, without paying any … Read more
Dec 1, 2014
Super Sealed Proceedings – You Won’t Even Know Why the Government Took Your Property; If You Ask, You’ll Be Indicted
Many years ago many of us were taught that before the government could take your property or liberty, constitutional due process required, at a minimum, that it first give you notice and an opportunity to be heard. Apparently now federal prosecutors have found a civil forfeiture process which is subject to a “super seal”. That is, even the individuals targeted don’t know the government’s trying to take their property.
As Bradley Balko of the Washington … Read more
Aug 22, 2013
The “Business” of Civil Forfeiture
Federal and state civil forfeiture laws authorize police to seize property which may have been used or obtained through criminal conduct even if the owner has never been convicted or even charged with any crime. The abuse of civil forfeiture laws by local, state and federal officials has become a subject of genuine concern and discussion. [See Sarah Stillman’s article of 8/12/13 in The New Yorker; Steven Greenhut’s article of 8/16/13 in Reason; … Read more
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