Trump and Sessions

Discussion in 'West Mall' started by Seattle Husker, Jul 20, 2017.

  1. Joe Fan

    Joe Fan 10,000+ Posts

    We finally got a federal judge to rule against a civil asset forfeiture program. Here on the basis on a violation of due process. Car owners had to first prove their innocence in order to retrieve their cars

    The city of Albuquerque "has an unconstitutional institutional incentive to prosecute forfeiture cases, because, in practice, the forfeiture program sets its own budget and can spend, without meaningful oversight, all of the excess funds it raises from previous years," U.S. District Judge James O. Browning wrote in an order filed Saturday. "Thus, there is a 'realistic possibility' that forfeiture officials' judgment 'will be distorted by the prospect of institutional gain'—the more revenues they raise, the more revenues they can spend."

    Order at the link^
    Short article from Reason on this case https://reason.com/blog/2018/07/30/federal-judge-rules-albuquerques-asset-f
     
  2. Joe Fan

    Joe Fan 10,000+ Posts

    A civil seizure case might make its way to the Supremes

    Walter Barnette knew he owed property taxes to the Nebraska county where he lived, but he didn't know that his own land had been sold out from under him until it had already happened.

    Under Nebraska state law, counties are allowed to seize properties with delinquent taxes and turn those properties over to private investors—and as Barnette learned the hard way in 2013, it can happen without the current property owner even being notified. But after the Nebraska Supreme Court upheld the seizure and selling of Barnette's land without his knowledge, attorneys from the Pacific Legal Foundation, a pro-market law firm, are petitioning the U.S. Supreme Court to review the practice.

    What happened to Barnette seems like it could happen to anyone. He'd bought an acre of land in Bellevue, Nebraska, in 2002 but fell behind on his tax payments during the Great Recession. He owed $986 in back taxes by 2013—plus a few hundred dollars in fees, interest, and penalties—when Sarpy County offered Barnette's land to a private investor who offered to pay off the debt.

    A Nebraska County Took His $25,000 Property To Settle a $986 Tax Debt. Now the U.S. Supreme Court Could Get Involved.
     
  3. Horn6721

    Horn6721 10,000+ Posts

    I would want to know why a registered letter supposedly sent 3 times never got there.
    I am ok with the legal right to do that if owner who went years without paying taxes is notified and given the chance to pay up
     

Share This Page