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Reprivatization refers to the process of restoring properties seized or otherwise nationalized from privately held owners by a government to privately held status. This may include returning seized property or compensating uncompensated former owners, or reprivatizing state held enterprises to new owners, especially banks, which were privately founded but came under state control due to ...
A sample of the required "Vehicle Seizure" form giving notice to vehicle owners of their right to a prompt Krimstock hearing. A Krimstock hearing is an administrative law proceeding that offers vehicle owners the opportunity to recover possession of a vehicle confiscated by the New York City Police Department (NYPD) during an arrest.
In civil forfeiture, assets are seized by police based on a suspicion of wrongdoing, and without having to charge a person with specific wrongdoing, with the case being between police and the thing itself, sometimes referred to by the Latin term in rem, meaning "against the property"; the property itself is the defendant and no criminal charge ...
Though law enforcement does not have to return property "instantaneously," Katsas wrote, the Fourth Amendment requires that any "continuing retention of seized property" be reasonable. So while ...
Some state laws require government officials to promptly show that seized property is likely involved in illegal activity and, failing that, return the assets while court proceedings over the ...
Some states, including New York, have laws that provide fewer obstacles to people seeking the return of seized money or property, Institute lawyers say. Starling is now seeking interest and the ...
Replevin actions may also be pursued by true owners of property, e.g., consignors seeking return of consigned property that the party in possession will not relinquish for one reason or another. Replevin is an action of civil law, not criminal law.
The U.S. Supreme Court waded in on the issue last year, ruling unanimously that Hennepin County, Minnesota, violated the Constitution when it seized an elderly woman's home over a property tax ...