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Enhancing the Forfeiture Remedy: Planning Real Property Seizures

NCJ Number
134223
Journal
Asset Forfeiture Bulletin Dated: (November 1991) Pages: 1-4
Author(s)
S DeNelsky
Date Published
1991
Length
4 pages
Annotation
Guidelines outlined in "Forfeiture of Real Property: An Overview," based on both Florida and Federal forfeiture laws, are reviewed to help enforcement personnel plan the seizure of real property.
Abstract
Law enforcement agencies who plan carefully can readily implement real property forfeiture as a productive means of combatting narcotic traffickers. Agencies that target real property need to devise an overall strategy for handling forfeitures and to include in their blueprint guidelines for determining whether to seize property, for handling and maintaining seized property, for prosecuting forfeiture cases, and for disposing of forfeited assets. The first step in planning a forfeiture of real property is to determine whether to seize a particular parcel. This decision needs to be based on several factors: ultimate value of the seized property, cost of pursuing the case, and the expense of managing and disposing of the property. A warrant to seize property is not needed under most forfeiture statutes yet is desirable. Guidelines also address the process of seizing property, which begins by filing a complaint or petition, litigation, and some additional considerations.