IP-3- 91 (March 1991)
Author: Independence Institute
Will Senate Bill 102, due for House action the week of March 18, produce unintended adverse consequences for property rights in Colorado? This policy brief from the Independence Institute suggests that it could do so if not amended.
The bill is presented as a proposal to augment the government’s powers to seize the assets of narcotics traffickers. The bill’s goal is certainly laudable, but particular provisions in the bill may pose a serious threat to many businesses and individuals who have nothing to do with drugs.
In particular, the bill has generally been discussed in relation only drug forfeitures. In fact, some parts of the bill apply to any public nuisance forfeiture; and all parts of the bill apply to class I public nuisance forfeitures. Drug violations are only type of class I public nuisance. Any property involved in a felony can be a class I public nuisance.