Labels:book | reckoner | sky OCR: This court applies the three part : balancing testof Mathews Elaridge 424 U.S 319 335 (1976) when a property owIer claims a right t 21 adversarial hearing before the government the owner even temporarily The Mathew's Etdridge test balances: the significance ot the owner's interest: (2) the risk that there will be erroneous taking property under the ampod used; ard 3 the government' interest avoidinga hearing. All three factors demonstrate the need for an adversarial hearing in this case First, pood suffered grievous loss the government seized his home and four acres Second, erroneous deprivations ae likely under the ex parte procedure The couri only the government evi- dence illegal use: claimants cannot present evidence of innocent ownership other valid defenses to forestall seizure. It i ...
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