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Owner of property must prove via preponderance of the evidence that property is not connected to a crime. [88] 3rd party owners need to prove their own innocence. [88] 90% of proceeds go to law enforcement. [88] South Carolina Owner of property must prove via preponderance of the evidence that property is not connected to a crime. [89]
Confiscation (from the Latin confiscatio "to consign to the fiscus, i.e. transfer to the treasury") is a legal form of seizure by a government or other public authority. The word is also used, popularly, of spoliation under legal forms, or of any seizure of property as punishment or in enforcement of the law.
Asset forfeiture or asset seizure is a form of confiscation of assets by the authorities. In the United States, it is a type of criminal-justice financial obligation . It typically applies to the alleged proceeds or instruments of crime.
In 1922, the Supreme Court held in Pennsylvania Coal Co. v. Mahon that governmental regulations that went "too far" were a taking. Justice Oliver Wendell Holmes, writing for the majority of the court, stated that "[t]he general rule at least is that while property may be regulated to a certain extent, if regulation goes too far it will be recognized as a taking."
As a result of property confiscation, the ownership rights in the specific property concerned are transferred to the State. With regard to the proceeds from offences, another system of confiscation is widely used in some States: so-called value confiscation, which consists of the requirement to pay a sum of money based on an assessment of the ...
In the United States, eminent domain is the power of a state or the federal government to take private property for public use while requiring just compensation to be given to the original owner. It can be legislatively delegated by the state to municipalities, government subdivisions, or even to private persons or corporations, when they are ...
Russian lawmakers have prepared a bill allowing for the confiscation of money and property from people who spread "deliberately false information" about the country's armed forces, a senior member ...
Unclaimed property laws in the United States provide for two reporting periods each year whereby unclaimed bank accounts, stocks, insurance proceeds, utility deposits, un-cashed checks and other forms of "personal property" are reported first to the individual state's Unclaimed Property Office, then published in a local newspaper and then ...