,,,Kansas Standard Asset Seizure and Forfeiture Act: An Anciet and Failing Approach

A “D-” is not the grade anyone wishes to receive; yet, it is the grade that the Institute for Justice1 (“IJ”) awarded Kansas for its civil asset forfeiture statutes.2 In a national survey of forfeiture approaches, the IJ assigned each jurisdiction an overall system grade based on the jurisdiction’s individual grades in three categories: “the financial incentive for law enforcement to seize, the government’s standard of proof to forfeit, and who bears the burden in innocent owner claims.”3 If Kansas’ low grade does not demonstrate that there are problems with Kansas’ civil forfeiture system, consider the American Civil Liberties Union’s (“ACLU”) determination that the Kansas civil asset forfeiture laws are “among the worst in the nation.”4 Kansas’ civil forfeiture laws are known collectively as the Kansas Standard Asset Seizure and Forfeiture Act (“KSASFA”).5 Kansas’ forfeiture problems begin with its use of a civil forfeiture approach. Civil asset forfeiture is a civil action in which the government pursues forfeiture, of real or personal property, based on the fictional idea that the property itself committed a wrong.6 Civil forfeiture actions proceed