PRIVATE PROPERTY

Senate Should Join House In Ending Civil Forfeitures

In a move to protect the basic American right of private ownership of
property, the House overwhelmingly voted this past week to curb government's
ability to seize private property in cases in which no criminal charges have
been filed.

The bipartisan vote rewrites the rules under which federal and state law
enforcement officers, at their discretion, can seize homes, cars, boats,
motels and other assets of people suspected of being involved in criminal
activities, without the owners ever being arrested or charged or given a
hearing or a trial.

The law enabling civil seizure of private property was written to go after
drug dealers and other criminals, who often acquire real estate and other
property with their ill-gotten gains.

But civil seizure has been abused to a great extent, costing innocent
citizens time and money to retrieve their property even after their cases
were closed or dropped. Congress was filled with tales of innocents who
suffered from such civil seizures.

The law has been stretched to the point of outrageousness on many occasions,
such as the civil seizure last year by federal prosecutors of the Red Carpet
Inn in southwest Houston.

The government justified the seizure by alleging that the owners did not
implement all the security measures suggested by law enforcement officials
and, therefore, gave "tacit consent" to illegal drug activity taking place
on the premises. There were no allegations that the owners participated in
or approved of any illegal activities.

The House vote does not affect the laws regarding criminal forfeitures,
which allow the government to seize property acquired with the ill-gotten
gains of people convicted of crimes.

It is unknown how the Senate will deal with this issue. But the senators
should join their House colleagues and put a stop to civil forfeitures. The
practice is un-American.