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Keego Harbor Property Seizure and Forfeiture Proposal

Property Seizure and ForfeitureNew Section 18.7 of the Charter of the City of Keego Harbor, MichiganSection 18.7. Property Seizure and Forfeiture.As used in this section, “property” shall be liberally construed to include assets and possessions; “employee” includes anyone acting under the authority of the city. A conviction of a criminal offense is a prerequisite to forfeiture and the transfer to the City of Keego Harbor of title to property directly used in or derived from that offense. All revenues from forfeited property, including revenue derived from sharing proceeds of forfeited property from cooperation with other federal, state, or local agencies, shall be placed in a separate fund, used only to pay costs directly related to local street repair, and shall not be earmarked or allocated to law enforcement or code enforcement. At any time, a property owner may ask the City or a court to return property that was wrongly seized or because there is no reason for the City to continue to hold the property. No bond shall be required on any property seized under authority of the city. If property is wrongfully seized, the City has no reason to continue to hold the property, or the property owner is not convicted of a criminal offense that has a forfeiture provision, the city shall return, replace, or provide full compensation for any property damaged, defaced, or devalued as a result of seizure by city employees. Records of all property seizures shall be indexed by date, department, name of owner, property type, and seizure value, and include details of the conviction. These records shall be published monthly on the city’s publicly-accessible website consistent with Michigan’s Freedom of Information Act 442 of 1976.
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