IN RE YOUNG

No. 08-1369.

780 N.W.2d 726 (2010)

In the Matter of Property Seized for Forfeiture from Michael Wayne YOUNG, Michael Wayne Young, Appellant.

Supreme Court of Iowa.

April 9, 2010.


Attorney(s) appearing for the Case

Michael Young, Tama, pro se.

Thomas J. Miller, Attorney General, Kevin Cmelik, Assistant Attorney General, Thomas J. Ferguson, County Attorney, and Brad P. Walz, Assistant County Attorney, for appellee.


APPEL, Justice.

This case presents a question regarding the proper interpretation and constitutionality of a provision of Iowa forfeiture law. A property owner challenges the statutory scheme for a type of in rem forfeiture proceeding asserting that the code prevents him from filing an answer to the State's forfeiture complaint in violation of his right to procedural due process.

I. Factual and Procedural History.

In 2002, a state trooper noticed...

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