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Syllabus
Process Clause. See, e. g., Calero-Toledo v. Pearson Yacht Leasing Co., 416 U. S. 663; Fuentes v. Shevin, 407 U. S. 67. Pp. 48-52. (b) An exception to the general rule requiring predeprivation notice and hearing is justified only in extraordinary situations. Id., at 82. Using the three-part inquiry set forth in Mathews v. Eldridge, 424 U. S. 319—consideration of the private interest affected by the official action; the risk of an erroneous deprivation of that interest through the procedures used, as well as the probable value of additional safeguards; and the Government's interest, including the administrative burden that additional procedural requirements would impose, id., at 335—the seizure of real property for purposes of civil forfeiture does not justify such an exception. Good's right to maintain control over his home, and to be free from governmental interference, is a private interest of historic and continuing importance, cf., e. g., United States v. Karo, 468 U. S. 705, 714-715, that weighs heavily in the Mathews balance. Moreover, the practice of ex parte seizure creates an unacceptable risk of error, since the proceeding affords little or no protection to an innocent owner, who may not be deprived of property under § 881(a)(7). Nor does the governmental interest at stake here present a pressing need for prompt action. Because real property cannot abscond, a court's jurisdiction can be preserved without prior seizure simply by posting notice on the property and leaving a copy of the process with the occupant. In addition, the Government's legitimate interests at the inception of a forfeiture proceeding—preventing the property from being sold, destroyed, or used for further illegal activity before the forfeiture judgment—can be secured through measures less intrusive than seizure: a lis pendens notice to prevent the property's sale, a restraining order to prevent its destruction, and search and arrest warrants to forestall further illegal activity. Since a claimant is already entitled to a hearing before final judgment, requiring the Government to postpone seizure until after an adversary hearing creates no significant administrative burden, and any harm from the delay is minimal compared to the injury occasioned by erroneous seizure. Pp. 52-59. (c) No plausible claim of executive urgency, including the Government's reliance on forfeitures as a means of defraying law enforcement expenses, justifies the summary seizure of real property under § 881(a)(7). Cf. Phillips v. Commissioner, 283 U. S. 589. Pp. 59-61. 2. Courts may not dismiss a forfeiture action filed within the 5-year statute of limitations for noncompliance with the timing requirements of §§ 1602-1604. Congress' failure to specify a consequence for noncompliance implies that it intended the responsible officials administering the Act to have discretion to determine what disciplinary measures are appropriate when their subordinates fail to discharge their statutory
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