Calling All Criminals, Our State Will Protect Your Crack House: Homestead Protection’s Application to Forfeiture Resulting from Criminal Conduct

America has long protected homestead rights. However, there is a conflict between state homestead protections and the concept of forfeiture of property as a criminal punishment. This comment first addresses the history and intention of homestead protection and forfeiture of assets in America, then examines cases and case law that both support and argues against homestead protections. Finally, this comment looks at how federal forfeiture statutes preempts state homestead protection. The conclusion argues that states need to adopt legislation that prohibits the use of homestead protection as a defense against forfeiture resulting from criminal conduct.