Hawaii Supreme Court Strikes Down Vessel Forfeiture

The Hawaii Supreme Court yesterday struck down the State of Hawaii's attempt to forfeit a boat that it suspected, but did not prove, was used to illegally take coral off the Waianae coastline.

Opinion in Carlisle v. One (1) Boat, 18.5 Feet with Fiberglass Hull here.

The court found that because Hawaii law did not provide for the express penalty of forfeiture, it was unauthorized as a penalty.  Absent reconsideration, the Legislature would need to amend the law in order to provide for such forfeiture.