Legal Question in Real Estate Law in Bahamas

how do I find out about costa rica property laws

If I am an american citazen and have drug charges against me in this state can my costa rica assets be taken and what is the legal vehicle for this procedure. What does the state need to prove in order to take the property


Asked on 3/24/04, 5:53 pm

2 Answers from Attorneys

Robert Restivo Restivo Law Firm

Re: how do I find out about costa rica property laws

Howdy:

Like Bryan, I don't know the answer with certainty, either.

But, an asset forfeiture action isn't personal, but against the property itself. So, for the US Government to pursue property, it must be property that the US Government has jurisdiction over. And, since the property is the defendant or respondant in the proceeding, who owns it doesn't matter.

So, my guess is that the US Government would lack jurisdiction to run a forfeiture against Costa Rican property.

But, that is just a guess.

The key to offshore asset ownership, of course, is to not own it personally. Where's your offshore corp, man?

rkr

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Answered on 3/29/04, 6:37 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: how do I find out about costa rica property laws

I think 99% of the knowledge on this subject would be in the hands of criminal law specialists and you may need to re-ask the question under that category. Even though the issue involves real property the average real estate lawyer isn't going to know the answer.

I might add, however, the whole subject of asset seizure for drug or other criminal activity is a hot topic and you might find some Web sites that have discussion groups or posted articles that would be of interest to you.

You might ask the local public defender, or the lawyer who did or will represent you, unless you are concerned about giving away too much information.

Some parts of your question could perhaps be answered by a Costa Rica consular officer at their embassy or local consulate. You might even consider finding a Costa Rican who now practices law in California, or retain an attorney in Costa Rica. Again their consular offices could give you a list of names.

My guess is that if your property is subject to forfeiture at all, the fact that it is in Costa Rica won't be a barrier; their laws probably won't be any more protective than ours -- but that's just a guess; it's possible they don't go for the whole seizure concept. See, I told you us real estate guys won't know.

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Answered on 3/24/04, 9:34 pm


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