State v. Property at 2018 Rainbow Drive

Although this case is not a model to be followed in filing a forfeiture action, I believe the provisions of Alabama law and this Court's rules of procedure permit this forfeiture action to proceed. I believe that the issue presented in this case requires that we construe our statutes governing forfeitures in parimateria with the Alabama Rules of Civil Procedure.

Section 20-2-93, Ala. Code 1975, contains a list of all of the items of real and personal property "are subject to forfeiture" in Alabama. That Code section states, in pertinent part:

"(a) The following are subject to forfeiture:

". . . .