37-2809. PROPORTIONALITY. In issuing any order under the provisions of this chapter, the court shall make a determination that the property, or a portion thereof in the case of real property, was actually used in violation of the provisions of this chapter. The size of the property forfeited shall not be unfairly disproportionate to the size of the property actually used in violation of the provisions of this chapter.
History:
[37-2809, added 1996, ch. 230, sec. 1, p. 755.]
Structure Idaho Code
Title 37 - FOOD, DRUGS, AND OIL
Chapter 28 - CRIMINAL FORFEITURES
Section 37-2801 - PROPERTY SUBJECT TO CRIMINAL FORFEITURE.
Section 37-2802 - PROPERTY SUBJECT TO FORFEITURE.
Section 37-2804 - FORFEITURE REQUEST — REBUTTABLE PRESUMPTION.
Section 37-2805 - PRESERVATION OF PROPERTY — WARRANT OF SEIZURE — PROTECTIVE ORDERS.
Section 37-2806 - INSTITUTION OF PROCEEDINGS — THIRD PARTIES.
Section 37-2807 - PERSONAL PROPERTY — RIGHTS OF THIRD PARTIES.
Section 37-2808 - REAL PROPERTY — RIGHTS OF THIRD PARTIES.
Section 37-2809 - PROPORTIONALITY.
Section 37-2810 - AUTHORITY OF THE ATTORNEY GENERAL.
Section 37-2811 - BAR ON INTERVENTION.
Section 37-2812 - JURISDICTION — DEPOSITIONS.
Section 37-2813 - DISPOSITION OF PROPERTY.