CXLIII Jon. I 2020 (Seizures)

The purpose of this Act is to establish regulatory procedure for the seizure of private property and the contesting of such in regards to Article XII, Section S of the Austenasian Constitution of 2011, and to thereby define “good reason” in regards to the same.

In regards to the remainder of this same Act:

1. A “seizure” is the action of taking legal possession of private, personal or public property by the Austenasian government or an authority vested therein.

2. A “good reason” is an explanation for the cause and purpose of a seizure. A good reason for a seizure must be to the vital benefit of the health, education and/or security of the Austenasian people, the implementation of justice, or the defence and security of the state.

Parliament may make a seizure by an Act of Parliament provided a good reason is included in the same.

A Mayor, Town or City Council, or Governor may make a seizure within their respective City, Town or Territory by a bye-law – or, in regards to public property administered by a Sheriff, a public declaration made by the same Sheriff – provided a good reason is included in the same.

A police officer may, in due course and only for the duration of an investigation, seize personal property as evidence in order to prevent the perversion of justice.

Any seizures undertaken by a local authority in accordance with Paragraphs 3 or 4 of this same Act must grant the former owner of the property either:

1. a promissory note stating the intent of the authority in question to return said property at a date explicitly stated, along with (where applicable) compensation for damages and a paid equivalent of revenues gained by the property in said note, or

2. a just compensation based on the fair market value of the property as determined by the Treasury and agreed to by the property owner.

Any property seized by a police officer in accordance with Paragraph 5 of this same Act must be returned to the rightful owner as soon as the retention of said property is no longer necessary or helpful to an ongoing investigation, along with (where applicable) compensation for damages and a paid equivalent of revenues gained by the property.

Contesting the seizure of property as illegal – that is, claiming that the good reason asserted did not fulfil the requirements set out in Paragraph 2, Subsection B of this same Act – shall be pursued in the relevant Town Court except where a seizure took place by Act of Parliament, in which case those who contest it shall be heard in the Imperial Court.