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Tuesday, July 10, 2007

Finis to forfeiture fiction

Some sanity in the forfeiture law arena: In Torgelson v. Real Property known as 17138 880th Ave., Renville County, Minnesota, and its accompanying case, the Court of Appeals has ruled that homestead property is not subject to forfeiture in connection with a drug possession conviction.

Two lower courts had ruled that the Minnesota Consitution permitted such a forfeiture, but the Court of Appeals recognized that the property hadn't violated the law and the policy behind the homestead exemption wasn't served by pretending that it had in order to allow the forfeiture.

The state had argued that the homestead exemption didn't apply because the forfeiture was an act against the property and not based on the personal liability of the property's owner. As if, or as the Court of Appeals said, "We disagree."

1 comment:

Nathan M. Hansen said...

Someday the police state they are creating will come for them and their own. Take heed attorneys for the state, we all live in this country together.