A new report published by the Libertas Institute, a free market think tank, reveals how a little-known new law greatly weakened legal protections for property owners facing civil forfeiture in Utah. Unlike criminal forfeiture, with civil forfeiture, someone does not have to be convicted of or even charged with a crime to permanently lose their property.

Sponsors of the bill, HB 384, presented their amendments as a mere “re-codification” of the state’s forfeiture law. While some of the changes to Utah’s forfeiture laws might appear minor, they have significant consequences.

Take the state’s new statute on attorney’s fees. Previously, state law provided that “the court shall award a prevailing party reasonable attorneys’ fees and other costs of litigation reasonably incurred by the owner.” So if an owner won a civil forfeiture case, the government would have to pay for his or her legal expenses.

Full story: http://www.forbes.com/sites/institut...ted-against-it

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