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Forfeiture Law: Understanding Property Loss for Legal Violations

 
Forfeiture

Forfeiture

Forfeiture, in law, the loss, without compensation, of property or legal rights as punishment or penalty for violating a law or for failure to fulfill a contract. For example, a hunter who violates a conservation law may be subject to forfeiture of his gun and of the game he took contrary to the statute. Similarly, a contractor who fails to complete a building within the time specified in the contract may forfeit a cash bond.

A court may order a forfeiture in place of or in addition to imprisonment or fine. For example, a person convicted of distilling illegal whiskey will forfeit his equipment and the whiskey he has produced, and may also face prison or a fine. Courts generally avoid imposing forfeiture unless it is specifically directed by statute or (in the case of a contract action) specifically provided in the contract. Historically, forfeiture was regarded as harsh punishment and was imposed only for serious offenses, such as treason.