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Bourassa v. State of Georgia

The trial court should have dismissed the State's in rem civil forfeiture action for lack of a timely hearing pursuant to O.C.G.A. § 16-13-49 subsection o 5.

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In this in rem civil forfeiture action, Jason Bourassa, Jeffrey Bourassa, and Cheri Rau challenge judgments of forfeiture.1 Because no timely hearing on the underlying forfeiture complaint was held, we reverse.

On November 12, 2008, the state filed, pursuant to OCGA § 16-13-49, a complaint of forfeiture. The complaint alleged that certain real and personal property had been seized as having been used, or intended for use, to facilitate an illegal drug trade operation or as having been found in close proximity to unlawful drugs. Jason Bourassa, Jeffrey Bourassa, and Rau answered, each claiming interests in various items seized and denying that the property was subject to forfeiture. More than three years later, at the forfeiture hearing, the court granted the state’s motion to strike the answers of Jason Bourassa and Jeffrey Bourassa and thereupon entered judgments of forfeiture as to them. After a hearing on the merits, the court granted the state’s forfeiture complaint as to Rau. This appeal arises from these three individuals’ joint notice of appeal.

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