Legal Opinion

In Re Property Seized From Bly

Supreme Court of Iowa

Decided May 23, 1990No. 89-311PublishedCited by 25 opinions

1Opinion of the Court

McGIYERIN, Chief Justice.

The question presented here is whether a legitimately acquired homestead may be forfeited to the State under Iowa Code chapter 809 (1987) when it has been used by its owner to facilitate the commission of a criminal offense. We think that it may not. Accordingly, we reverse the district court’s order of forfeiture.

I. Background facts and proceedings. John Joseph Bly and Judy Ann Bly (Blys), and their two minor children, live in the house at 1606 Butterfield Road, Dubuque, Iowa. The house and lot upon which it is built are owned by Blys, subject to a mortgage. This…

2Cases cited15 opinions

  1. In Re Forfeiture of $5,264Michigan Supreme Court · 1989
  2. Cox v. WaudbySupreme Court of Iowa · 1988
  3. Lucas v. PurdySupreme Court of Iowa · 1909
  4. Millsap v. FaulkesSupreme Court of Iowa · 1945
  5. State v. KaufmanSupreme Court of Iowa · 1972

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3Cited by25 opinions

  1. Butterworth v. CaggianoSupreme Court of Florida · 1992
  2. Dwyer v. CempellinMassachusetts Supreme Judicial Court · 1996
  3. United States v. Thomas Lee Curtis, United States of America v. Patty M. Thompson, United States of America v. Patty M. ThompsonCourt of Appeals for the Eighth Circuit · 1992
  4. Shamban v. MasidloverMassachusetts Supreme Judicial Court · 1999
  5. In the Matter of the Estate of Glen A. Waterman, Jingles Ti-Okay WatermanSupreme Court of Iowa · 2014

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