Property Rights Protection: Higher Proof Standard and End to Nonjudicial Forfeiture.
This Act significantly restricts the federal government's ability to seize private property through civil forfeiture by raising the required standard of proof. It eliminates nonjudicial forfeiture, ensuring all seizures must be approved by a court, and provides the right to appointed counsel for financially struggling property owners. These changes aim to restore Fifth Amendment protections and remove the financial incentive for agencies to seize assets.
Key points
The government must prove its case using "clear and convincing evidence," a much higher standard than previously required.
Federal agencies are banned from seizing property without a court order (ending nonjudicial forfeiture).
Property owners who cannot afford legal representation may be appointed counsel by the court.
Proceeds from forfeited property will go to the U.S. Treasury General Fund, not directly to the seizing agencies.
Expired
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