Ohio bill would curb assault on property rights

The use of civil asset forfeiture became popularized in the 1980's following the enactment of federal laws that incentivized law enforcement to seize money and property allegedly connected with the drug trade. According to Cincinnati.com, “13 Cincinnati-area law enforcement agencies earned more than $7.5 million in seizure money by coordinating with federal authorities in the last five years.” Nationally, the federal government has seized over $4 billion in property since 2006.

Government has a clear monetary incentive to continue this practice, but thanks to some legislators willing to do what’s right for their constituents, the Ohio House in May moved to improve property rights for citizens. Introduced by Reps. McColley and Brinkman, House Bill 347 overwhelmingly passed by a vote of 72 to 25.

This legislation corrects the problem created by the federal government by limiting coordination with federal government unless the seizure exceeds $100,000. This would close a loophole that allows local law enforcement to use the more lenient federal standards for civil asset forfeiture. Additionally, in most cases where the government takes and keeps private property, a criminal conviction would be required.

This legislation strikes an important balance of protecting private property rights, while still allowing law enforcement to seize illegal property like drugs and criminal evidence.