First in a Series on Civil Forfeiture
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The Tennessee Conservative [By David Seal] –
For years, critics and activists have criticized Tennessee’s constitutionally dubious civil asset forfeiture scheme. This session, the legislature eliminated the $350 bond fee that property owners have to pay in order to have their case decided by an administrative judge.
HB 1229 / SB 481 sponsored by Representative Justin Lafferty (R-Knoxville) and Senator Adam Lowe (R-Calhoun) respectively takes effect on July 1, 2025. The act was signed into law by the governor on May 2, 2025.
In Tennessee, property can be seized by the government on suspicion alone that the property may have been used in the commission of a crime. Seizure and ultimate forfeiture of private property in the state of Tennessee does not require that a suspect be accused, let alone convicted, of a crime.
The Tennessee Advisory Committee to the U.S. Commission on Civil Rights studied this issue in 2018 and their report stated in part, “Tennessee’s civil asset forfeiture law lacks many procedural safeguards that are commonplace in other states. Tennessee is one of only three states in the nation that require a property owner to post a cash bond before being permitted to contest the legality of a forfeiture. In addition, Tennessee law provides for limited judicial oversight and no right to legal counsel.” – said Diane Di Ianni, Chair, Tennessee Advisory Committee
The complete text of the advisory committee report is linked here.
In 2024, the amount of currency seized by law enforcement was $10,291,427.92 according to the Tennessee Department of Safety and Homeland Security. A breakdown of the seizures and forfeitures by county and drug task force is provided here.
One of the activists that worked tirelessly to persuade state legislators to eliminate the bond requirement stated as follows, “I am deeply grateful for the tireless efforts of Representatives Lafferty and Grills, former Senator Niceley, and Senators Bowling and Lowe in eliminating Tennessee’s civil forfeiture bond. As one of the last states to impose this requirement, Tennessee took a critical step toward fairness. It is unacceptable that innocent citizens were forced to pay to reclaim their own property, and this reform strengthens due process for all Tennesseans.” Said Erik Wiatr, Knoxville
Former State Representative Martin Daniel (R-Knoxville), along with Wiatr, championed proposed legislation that set the stage for the passage of the bond elimination bill.
Wiatr also remarked on the citizen lobby effort to enact civil asset forfeiture reform, stating in part, “This marks the third legislative session in which I’ve supported this reform. In the prior two sessions, State Rep. Rusty Grills and former State Senator Frank Niceley led the effort, with the bill passing committees but stalling due to fiscal concerns. I traveled to Nashville during those sessions to build support and secure co-sponsors. This year, Rep. Justin Lafferty took the lead, navigating the bill through committees and skillfully securing funding in the state budget to ensure its passage. Other supporters, including Justin Cornett, AFP, and Charles Cook, played vital roles in building momentum for this reform.”
The prime sponsor of HB1229 stated in part in his May 5, 2025 Media Release, “Tennesseans shouldn’t have to pay a fee just to reclaim their own property, especially when they have not been arrested, charged, or convicted with a crime, which is often the case in civil forfeiture,” Lafferty said. “This legislation removes a burdensome barrier, ensuring fairer access to justice. I thank my colleagues for their bipartisan support in passing and funding this reform to protect Tennesseans’ property rights.” -said Representative Justin Lafferty
A link to Lafferty’s media release is linked here.
The next installment will focus on the standard of evidence used in forfeiture warrant hearings.
About the Author: David Seal is a retired Jefferson County educator, recognized artist, local businessman, 917 Society Volunteer, and past Chairman of the Jefferson County Republican Party. He has also served Jefferson County as a County Commissioner and is a citizen lobbyist for the people on issues such as eminent domain, property rights, education, and broadband accessibility on the state level. David is also a 2024 winner of The Tennessee Conservative Flame Award & has received an accolade from the Institute For Justice for successfully lobbing the TN legislature to protect property rights. David can be reached at david@tennesseeconservativenews.com.
One Response
GOOD!! One of lucifer’s rackets quashed.