Which remedy would be used to restore property to a rightful owner when forfeiture was improper?

• A. Return of property
• B. Dismissal of forfeiture
• C. Harm remedies per the court's order
• D. Forfeiture remains

Answer: (A)

When forfeiture is improper, the remedy that directly addresses the harm is returning the property to its rightful owner. This restores the owner's title and possession, undoing an unlawful deprivation and upholding property rights. The court’s primary aim in such a situation is to put the owner back in the position they would have been in if the forfeiture never occurred.

Dismissal of forfeiture can end the proceeding, but it doesn’t automatically ensure the property is returned. Harm remedies per the court’s order would involve monetary or other relief for damages, not the immediate restoration of ownership. Keeping forfeiture in place when it’s improper would fail to correct the actual wrong done to the owner.

So, returning the property best fulfills the goal of correcting an improper forfeiture by reinstating the rightful owner’s property rights.