United States v. Ursery, 518 U.S. 267, 24 (1996)

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290

UNITED STATES v. URSERY

Opinion of the Court

Moving to the second stage of our analysis, we find that there is little evidence, much less the " 'clearest proof' " that we require, see 89 Firearms, supra, at 365, quoting Ward, 448 U. S., at 249, suggesting that forfeiture proceedings under 21 U. S. C. §§ 881(a)(6) and (a)(7), and 18 U. S. C. § 981(a)(1)(A), are so punitive in form and effect as to render them criminal despite Congress' intent to the contrary. The statutes involved in these cases are, in most significant respects, indistinguishable from those reviewed, and held not to be punitive, in Various Items, Emerald Cut Stones, and 89 Firearms. Most significant is that § 981(a)(1)(A) and §§ 881(a)(6) and (a)(7), while perhaps having certain punitive aspects, serve important nonpunitive goals. Title 21 U. S. C. § 881(a)(7), under which Ursery's property was forfeited, provides for the forfeiture of "all real property . . . which is used or intended to be used, in any manner or part, to commit, or to facilitate the commission of" a federal drug felony. Requiring the forfeiture of property used to commit federal narcotics violations encourages property owners to take care in managing their property and ensures that they will not permit that property to be used for illegal purposes. See Bennis v. Michigan, 516 U. S. 442, 452 (1996) ("Forfeiture of property prevents illegal uses . . . by imposing an economic penalty, thereby rendering illegal behavior unprofitable"); 89 Firearms, supra, at 364 (forfeiture "discourages unregulated commerce in firearms"); Calero-Toledo, supra, at 687-688. In many circumstances, the forfeiture may abate a nuisance. See, e. g., United States v. 141st Street Corp., 911 F. 2d 870 (CA2 1990) (forfeiting apartment building used to sell crack cocaine); see also Bennis, supra, at 452 (affirming application of Michigan statute abating car as a nuisance; forfeiture "prevent[s] further illicit use of" property); cf. 89 Firearms, 465

punitive either in purpose or effect" as to be equivalent to a criminal proceeding, that forfeiture may be subject to the Double Jeopardy Clause. Id., at 365.

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