Hernandez

Can Sacramento, a charter city, dilute the procedural protections accorded by state laws to those who forfeit the vehicles they allegedly used to facilitate prostitution or various drug transactions? We conclude that because the state laws fully occupy the fields of vehicle forfeiture involving prostitution and drug transactions, areas of statewide concern, they preempt Sacramento's nuisance ordinance that, unlike state law, allows proof by a preponderance of the evidence, does not require a criminal conviction, does not protect innocent owners of the vehicle, and provides none of the guidelines "to ensure the proper utilization of the laws permitting the seizure and forfeiture of property." (Health & Saf.Code, § 11469; all further statutory references are to the Health and Safety Code unless otherwise indicated.) We affirm.

The popularity of civil asset forfeiture laws began with the federal government in the 1970's ( Pub.L. No. 91-513 (Oct. 27, 1970) 84 Stat. 1276 [the relevant portion affecting civil forfeiture is codified at 21 U.S.C. 881]) and 1980's (28 U.S.C. 524), gained fashion in California at the state level in the late 1880's (Health & Saf.Code, § 11469 et…