United States v. Parcel of Rumson, NJ, Land

I am in accord with much of the plurality’s reasoning, but cannot join its opinion for two reasons. First, while I agree that the “innocent owner” exception in this case produces the same result as would an “innocent owner” exception to traditional common-law forfeiture (with its relation-back principle), I do not reach that conclusion through the plurality’s reading of the phrase “property described in subsection (a),” see ante, at 127-129, which seems to me implausible. Second, I see no proper basis for the plurality’s concluding that “respondent has assumed the burden of convincing the…