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58 Conn. L. Rev. Online 1 (2025-2026)

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  CONNECTICUT

LAW REVIEW


VOLUME   58                  DECEMBER   2025             ONLINE EDITION




                                 Note


                   Disinherited by the State?
     Civil  Asset   Forfeiture and Successors' Rights in
                             Connecticut

                        ANTONELLA PORTUGAL

    Civil asset forfeiture (CAF) allows the government to seize property suspected
of being connected to criminal activity, often before any criminal conviction is
secured. This Note examines the scope of CAF laws in Connecticut, with the aim of
ascertaining what rights, if any, successors have to reclaim property seized but not
yet forfeited at the time of the owner's death. Tracing the legislative history and
judicial interpretation of CAF in Connecticut, I synthesize the current legal
landscape as to the rights ofclaimants in forfeiture proceedings. While Connecticut
has taken steps to reform its CAF statutes and the courts have addressed key
constitutional challenges, I argue that the current CAF regime insufficiently
protects  successors' rights and   exacerbates systemic  inequities. CAF
disproportionately impacts race-class subjugated communities, particularly within
the context of the War  on Drugs  and federal equitable sharing programs.
Connecticut lawmakers should look toward addressing these key social issues by
moving away from  CAF proceedings, protecting the rights of innocent heirs, and
eliminating the financial incentives in CAFpractice thatperpetuate inequity.


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