In Re Property Seized for Forfeiture From Young

APPEL, Justice.

This case presents a question regarding the proper interpretation and constitutionality of a provision of Iowa forfeiture law. A property owner challenges the statutory scheme for a type of in rem forfeiture proceeding asserting that the code prevents him from filing an answer to the State’s forfeiture complaint in violation of his right to procedural due process.

I. Factual and Procedural History.

In 2002, a state trooper noticed a truck pulled over on the side of the road and conducted a welfare check on the occupants. Michael Young was seated in the driver’s seat, had…