Notice And Hearing Required Before Home Is Seized

1993

The U.S. Supreme Court in U.S. v. James Daniel Good Real Property rules that a property owner is entitled to notice and a full hearing before his home and surrounding land can be seized. The Court says that a person’s interest in keeping his home – as opposed to other kinds of property, such as a car or a boat – is an extremely important one, and unless emergency circumstances suggest that the property owner might destroy evidence or that some other immediate harm might result, the due process clause requires the government to take every procedural precaution.