§ 750.159mProperty subject to civil in rem forfeiture; exceptions; encumbrances; attorney

fees.
 Sec. 159m.
    (1) Except as otherwise provided in this section, all real, personal, or intangible property of
 a person convicted of a violation of section 159i that is the proceeds of racketeering, the
 substituted proceeds of racketeering, or an instrumentality of racketeering, is subject to civil in
 rem forfeiture to a local unit of government or the state under this section and sections 159n to
 159q.
    (2) Real property that is the primary residence of the spouse of the owner is not subject to
 civil in rem forfeiture under this section and sections 159n to 159q, unless that spouse had
 prior actual knowledge of, and consented to and participated in the commission of, the
 racketeering activity. Real property that is the primary residence of a dependent minor child of
 the owner is not subject to civil in rem forfeiture under this section and sections 159n to 159q.
    (3) Property is not subject to civil in rem forfeiture if either of the following circumstances
 exists:
    (a) The owner of the property did not have prior actual knowledge of the commission of the
 racketeering activity.
    (b) The owner of the property served notice of the commission of the crime upon an
 appropriate law enforcement agency.
    (4) The civil in rem forfeiture of property encumbered by a security interest is subject to the
 interest of the holder of the security interest who did not have prior actual knowledge of the
 racketeering activity.



                                                                Michigan Compiled Laws Complete Through PA 91 of 2026
Rendered Sunday, September 6, 2026            Page 130 of 465                            Courtesy of legislature.mi.gov

   (5) The civil in rem forfeiture of property encumbered by an unpaid balance on a land
 contract is subject to the interest of the land contract vendor who did not have prior actual
 knowledge of the racketeering activity.
   (6) Reasonable attorney fees for representation in an action under this chapter are not
 subject to civil in rem forfeiture under this chapter.