A motel owner in Tewksbury is going to trial to fight a move by the federal government to seize his property under a law that allows for civil forfeiture of properties connected to crimes. The government says the Motel Caswell should be shut down because of drug dealing there. But motel owner Russ Caswell said he has done nothing wrong and that the number of motel guests arrested for buying or selling drugs on his property is a tiny fraction of the thousands who stay at the motel every year. Caswell said the government should not be allowed to take his motel, which was built by his father in the 1950s. The case is set to go to trial Monday in federal court in Boston. (AP)
Tewksbury
Comments
It says in the constitution that the government can't seize property without due process. So at least this trial is a step in the right direction but if the owner did not hsve the money to pay for a lawyer, it looks like the government would grab his property without due process. But why does the owner have to initiate a lawsuit? The government should be required to go through the due process procedure before confiscation of the property. Another example of confiscation of property is the Denver boot. Cities place a boot around a car's tire, rendering the car immobile until the fine is paid. This is like holding a $25,000 vehicle hostage until the owner pays off, say, a $50.00 fine. Cities don't have to go through the billing process like busineses and instituions to collect what is owed them This is confiscation of property without due process and we can give more examples of this constituional right being violated.