United States v. One Single Family Residence

ORDER DENYING MOTION TO DISMISS

JAMES LAWRENCE KING, Chief Judge.

This cause comes before the Court upon the motion of the claimants to dismiss the complaint pursuant to Article X, § 4 of the Florida Constitution. The claimants argue that because the defendant property is homestead property, Article X, § 4 prohibits a civil forfeiture action pursuant to 21 U.S.C. § 881(a)(7). The government has filed a response.

I. BACKGROUND

Section 881(a)(7) of Title 21 provides: All real property, including any right, title, and interest (including any leasehold interest) in the whole of any lot or tract of…