STATE EX REL. MEANS v. TEN (10) ACRES OF LAND

No. 80446.

877 P.2d 597 (1994)

STATE of Oklahoma ex rel. Fred MEANS, Director of Oklahoma State Bureau of Narcotics and Dangerous Drugs Control, v. TEN (10) ACRES OF LAND Described: In the Nw/4 of the Nw/4 of the Nw/4 Section 13, T5N, R10E of I.M., More Particularly Described As: Beginning 131 Feet East of the Nw Corner of Said Section 13; Thence, South a Distance of 208.71 Feet; Thence East a Distance of 208.71 Feet; Thence North a Distance of 208.71 Feet; Thence West a Distance of 208.71 Feet to the Point of Beginning Together With All Appurtenances Belonging Thereunto, Appellee.

Supreme Court of Oklahoma.

June 21, 1994.


Attorney(s) appearing for the Case

Teresa A. Bingman, Gen. Counsel, OK State Bureau of Narcotics and Dangerous Drugs Control, Oklahoma City, for appellant.

George W. Butner, Butner & Butner, Wewoka, for appellee.


HARGRAVE, Justice.

The issue in this case is whether the statutory homestead is subject to forfeiture under Oklahoma's Uniform Controlled Dangerous Substances Act, 63 O.S. 1991 § 2-101 et seq., specifically § 2-503(A)(8). We granted certiorari to resolve a conflict between two divisions of the Court of Appeals. The Court of Appeals, Division 3, held that homestead property is not forfeitable under the drug forfeiture...

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