Re:Town Seized Building, Offered to Return It If Owners Boug...
by dimal on Friday May 20, 2022 @10:35AM
(#31448006)
How on earth is this able to stand? It’s absurd. Have challenges made it to the Supreme Court and lost?
[ Parent
| on HN ]
Re:Town Seized Building, Offered to Return It If Owners Boug...
by sandworm101 on Friday May 20, 2022 @10:40AM
(#31448083)
Customs /international shipments. There is a long history of seizing illegal or suspect material at boarder crossings where the actual owner/importer is unknown or not available. A funny-named lawsuit against a box is significantly better than the alternative: zero legal process and no case recorded anywhere.
Re:Town Seized Building, Offered to Return It If Owners Boug...
by arcticbull on Friday May 20, 2022 @10:42AM
(#31448127)
Agreed, it makes sense in some contexts. The issue with asset forfeiture is that the state pretends not to know who the owner is so they can move forward in rem.
[edit] Well, two problems: frequently the entity seizing the property gets to keep it and add it to their budget - or split the proceeds. This creates an incentive for them to move forward this way.
Re:Town Seized Building, Offered to Return It If Owners Boug...
by R0b0t1 on Friday May 20, 2022 @04:40PM
(#31452243)
It'd be better to do a John Doe case, because an item can't represent itself. A hyptothetical defndant can.
There's also the problem of you have no rights at the border anyway, even though you should.
Re:Town Seized Building, Offered to Return It If Owners Boug...
by jazzyjackson on Friday May 20, 2022 @12:42PM
(#31449803)
> lawsuit against a box
I just can't make sense of the "vs" in the case titles, in what way is the object fighting back? Why is there a case at all and not "here is a list of contraband seized at the border" ?
Re:Town Seized Building, Offered to Return It If Owners Boug...
by Goronmon on Friday May 20, 2022 @02:54PM
(#31451195)
Why is there a case at all and not "here is a list of contraband seized at the border" ?
I would assume the legal procedure is what determines what actually happens to the object. Just like the police arrest people but don't sentence them or put them in prison directly.
Re:Town Seized Building, Offered to Return It If Owners Boug...
by sandworm101 on Friday May 20, 2022 @12:46PM
(#31449851)
Legal Research and Writing day one: it is never written as "vs", always "v." It is Roe v. Wade, not Roe vs. Wade.