Kentucky’s civil forfeiture laws are in dire need of reform, earning a D-. While the government must show clear and convincing evidence to forfeit real property, such as a family home or tract of land, it need only demonstrate “slight evidence of traceability” to a crime—a standard akin to probable cause—to forfeit all other types of property. Owners can challenge this finding, but they must provide clear and convincing evidence of the property’s innocence. And innocent owners bear the burden of proving that they were not involved in any criminal activity in order to recoup their property. However, in innocent owner claims involving real property, the onus shifts to the government. Finally, Kentucky law enforcement agencies enjoy virtually unbridled access to forfeiture funds—they receive 100 percent of the proceeds from forfeiture.

Law enforcement agencies must report to the state a detailed listing of all property seized and forfeited under controlled substances laws. The Office of Drug Control Policy compiles this data at the state level; however, of the more than 400 agencies with the authority to forfeit property, only 14 percent reported forfeitures. The Institute for Justice obtained these data with a Kentucky Open Records Act request. Between fiscal years 2007 and 2014, reporting law enforcement agencies forfeited more than $15 million worth of cash, cars, weapons and real property, but these figures likely severely undercount the true amount forfeited.