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U.S. Code as of:
01/19/04
Section 985. Civil forfeiture of real property
(a) Notwithstanding any other provision of law, all civil
forfeitures of real property and interests in real property shall
proceed as judicial forfeitures.
(b)(1) Except as provided in this section -
(A) real property that is the subject of a civil forfeiture
action shall not be seized before entry of an order of
forfeiture; and
(B) the owners or occupants of the real property shall not be
evicted from, or otherwise deprived of the use and enjoyment of,
real property that is the subject of a pending forfeiture action.
(2) The filing of a lis pendens and the execution of a writ of
entry for the purpose of conducting an inspection and inventory of
the property shall not be considered a seizure under this
subsection.
(c)(1) The Government shall initiate a civil forfeiture action
against real property by -
(A) filing a complaint for forfeiture;
(B) posting a notice of the complaint on the property; and
(C) serving notice on the property owner, along with a copy of
the complaint.
(2) If the property owner cannot be served with the notice under
paragraph (1) because the owner -
(A) is a fugitive;
(B) resides outside the United States and efforts at service
pursuant to rule 4 of the Federal Rules of Civil Procedure are
unavailing; or
(C) cannot be located despite the exercise of due diligence,
constructive service may be made in accordance with the laws of the
State in which the property is located.
(3) If real property has been posted in accordance with this
subsection, it shall not be necessary for the court to issue an
arrest warrant in rem, or to take any other action to establish in
rem jurisdiction over the property.
(d)(1) Real property may be seized prior to the entry of an order
of forfeiture if -
(A) the Government notifies the court that it intends to seize
the property before trial; and
(B) the court -
(i) issues a notice of application for warrant, causes the
notice to be served on the property owner and posted on the
property, and conducts a hearing in which the property owner
has a meaningful opportunity to be heard; or
(ii) makes an ex parte determination that there is probable
cause for the forfeiture and that there are exigent
circumstances that permit the Government to seize the property
without prior notice and an opportunity for the property owner
to be heard.
(2) For purposes of paragraph (1)(B)(ii), to establish exigent
circumstances, the Government shall show that less restrictive
measures such as a lis pendens, restraining order, or bond would
not suffice to protect the Government's interests in preventing the
sale, destruction, or continued unlawful use of the real property.
(e) If the court authorizes a seizure of real property under
subsection (d)(1)(B)(ii), it shall conduct a prompt post-seizure
hearing during which the property owner shall have an opportunity
to contest the basis for the seizure.
(f) This section -
(1) applies only to civil forfeitures of real property and
interests in real property;
(2) does not apply to forfeitures of the proceeds of the sale
of such property or interests, or of money or other assets
intended to be used to acquire such property or interests; and
(3) shall not affect the authority of the court to enter a
restraining order relating to real property.
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