United States v. James Daniel Good Real Property, 510 U.S. 43, 17 (1993)

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Cite as: 510 U. S. 43 (1993)

Opinion of the Court

ises and Real Property at 4492 South Livonia Road, 889 F. 2d 1258, 1265 (CA2 1989). The Government's policy of leaving occupants in possession of real property under an occupancy agreement pending the final forfeiture ruling demonstrates that there is no serious concern about destruction in the ordinary case. See Brief for United States 13, n. 6 (citing Directive No. 90-10 (Oct. 9, 1990), Executive Office for Asset Forfeiture, Office of Deputy Attorney General). Finally, the Government can forestall further illegal activity with search and arrest warrants obtained in the ordinary course.

In the usual case, the Government thus has various means, short of seizure, to protect its legitimate interests in forfeitable real property. There is no reason to take the additional step of asserting control over the property without first affording notice and an adversary hearing.

Requiring the Government to postpone seizure until after an adversary hearing creates no significant administrative burden. A claimant is already entitled to an adversary hearing before a final judgment of forfeiture. No extra hearing would be required in the typical case, since the Government can wait until after the forfeiture judgment to seize the property. From an administrative standpoint it makes little difference whether that hearing is held before or after the seizure. And any harm that results from delay is minimal in comparison to the injury occasioned by erroneous seizure.

C

It is true that, in cases decided over a century ago, we permitted the ex parte seizure of real property when the Government was collecting debts or revenue. See, e. g., Springer v. United States, 102 U. S. 586, 593-594 (1881); Murray's Lessee v. Hoboken Land & Improvement Co., 18 How. 272 (1856). Without revisiting these cases, it suffices to say that their apparent rationale—like that for allowing summary seizures during wartime, see Stoehr v. Wallace, 255

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