§ 985. — Civil forfeiture of real property.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC985]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 46--FORFEITURE
Sec. 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.
(Added Pub. L. 106-185, Sec. 7(a), Apr. 25, 2000, 114 Stat. 214.)
References in Text
The Federal Rules of Civil Procedure, referred to in subsec.
(c)(2)(B), are set out in the Appendix to Title 28, Judiciary and
Judicial Procedure.
Effective Date
Section applicable to any forfeiture proceeding commenced on or
after the date that is 120 days after Apr. 25, 2000, see section 21 of
Pub. L. 106-185, set out as an Effective Date of 2000 Amendment note
under section 1324 of Title 8, Aliens and Nationality.
Section Referred to in Other Sections
This section is referred to in section 981 of this title.
