Studies

Forfeiture Laws cover

Reforming Property Forfeiture Laws to Protect Citizens’ Rights

The Framers of the United States Constitution understood that freedom depends upon the vigorous protection of private property rights and that this protection was therefore the most sacred obligation of government. However, despite Fifth and Fourteenth Amendment guarantees, recent years have witnessed a massive expansion of a legal practice known as "asset forfeiture," which allows government to violate the very property rights it is charged with protecting. Hundreds of asset forfeiture laws-many of them intended to stop illegal drug trafficking-give state and federal law enforcement agents the power to seize property even without proof of the owners' guilt in a criminal trial because, in many cases, the government considers the property itself to be the criminal. This study recommends nine reforms that will help guarantee that Michigan citizens enjoy the benefits of private property rights, limited government, and individual liberty, and remain protected from unjustified and arbitrary seizure of their personal possessions. … more

Reforming the Law of Takings in Michigan

If the state of Michigan takes from a land owner some, but not all, of the use or value of his land, the owner is not entitled to any compensation. This forces a few land owners to bear the entire cost of these takings that are intended to benefit the public as a whole. Many states have initiated reforms that would permit land owners to be more fairly compensated. This study outlines the practice of takings jurisprudence in Michigan, reviews the legislative responses in Michigan and other states, and makes specific recommendations for reform in Michigan. 40 pages. … more

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