To: tacticalogic
"Since rp doesn't seem to know, exactly how do you go about proving the innocence of the property in a case like this? It sounds like you're going to have to haul into court, swear in, and question a bucket of dirt."
That's not a problem for me, I'm always questioning buckets of dirt. (often in blue uniforms) ;-)
Really it doesn't come down to whether the real property is innocent. I don't know about Texas but I'm guessing it's similar to my state where it comes down to whether the state can prove that it's more likely than not that the real property (land and anything permanently attached to it) "substantially assisted in, facilitated in any manner, or was used or intended for use in the commission of any act prohibited" by the controlled substance statutes. In my state, simple possession of a personal amount of a drug without intent to deliver is not enough to justify forfeiture of real property, although it is enough for forfeiture of personal property such as vehicles, cash and so on.
219 posted on
11/24/2003 4:20:19 PM PST by
TKDietz
To: TKDietz
Really it doesn't come down to whether the real property is innocent.So, we have a law that doesn't really mean what it says? Nice.
220 posted on
11/24/2003 4:35:57 PM PST by
tacticalogic
(Controlled application of force is the sincerest form of communication.)
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