18 U.S. Code § 985 - Civil forfeiture of real property
Notwithstanding any other provision of law, all civil forfeitures of real property and interests in real property shall proceed as judicial forfeitures.
(1) Except as provided in this section—
real property that is the subject of a civil forfeiture action shall not be seized before entry of an order of forfeiture; and
(1) The Government shall initiate a civil forfeiture action against real property by—
(2) If the property owner cannot be served with the notice under paragraph (1) because the owner—
resides outside the United States and efforts at service pursuant to rule 4 of the Federal Rules of Civil Procedure are unavailing; or
constructive service may be made in accordance with the laws of the State in which the property is located.
(1) Real property may be seized prior to the entry of an order of forfeiture if—
(B) the court—
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
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.
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—
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
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.
Statutory Notes and Related Subsidiaries