United States v. Two Tracts of Real Property with Buildings, Appurtenances & Improvements Thereto, Located in Carteret County

OPINION

ERVIN, Chief Judge:

Pursuant to a forfeiture provision in The Comprehensive Drug Abuse Prevention and Control Act of 1970, the United States may compel the relinquishment of all legal interests in real property that has been used to commit a felony violation of the federal narcotics laws. We must decide whether this provision, 21 U.S.C. § 881(a)(7), allows the Government to arrest real property whose only connection with crime consists of furnishing a quasi-easement1 over which drug smugglers have hauled contraband. We hold that it does not.

I

The proceedings below stemmed from a…