§985 Civil forfeiture of real property

Summary

All civil forfeitures of land or real estate must be handled in court. The government generally cannot take the property or kick out owners or occupants before a court orders forfeiture. To start a case, the government must file a complaint, post a notice on the property, and give the owner a copy. If the owner is a fugitive, lives abroad and service by Rule 4 fails, or cannot be found despite due diligence, the law recognizes those situations. If the property has been posted, the court does not need to issue an arrest warrant against the property or take other steps to get court control over it. The government may seize property before a final order only if it tells the court and the court either gives notice, posts it, and holds a hearing where the owner can be heard, or finds probable cause (a strong factual reason) and that urgent circumstances allow seizure without prior notice. The government must show that less harsh steps like a lis pendens, restraining order, or bond would not protect its interests. If the court allows an emergency seizure without notice, it must hold a prompt hearing afterward where the owner can challenge the seizure. The rules apply only to real property, not to sale proceeds or money meant to buy property, and do not limit the court’s power to issue restraining orders.