State v. One House

The opinion of the court was delivered by

KING, P.J.A.D.

The single and novel issue on this appeal is the partial in rem forfeiture order of a non-divisible asset, a house and lot. Judge Tomasello ordered a forfeiture of $6000 representing the partial value of the house and lot. Owner was caught growing marijuana plants in a closet and the attic of the house. The State appeals and urges that a complete forfeiture of the house and lot or of owner’s entire equity of $40,000 is required. We agree with the judge and affirm this partial and proportionate order of forfeiture.

I

On March 17, 1997…