In Re Forfeiture of $5,264

Levin, J.

(concurring). Subsection (f) of § 7521(1) of the Public Health Code, providing that "[a]ny thing of value”1 may be subject to forfeiture, and subsection (3) of § 7523, providing for a determina*266tion of the "[t]itle to real property forfeited under this article,”2 were both added by 1982 PA 251.

It thus appears that the Legislature, in providing for a determination of the title to forfeited real property, intended that commercial real property would be subject to forfeiture as a thing of value within the meaning of § 7521(l)(f).

Absent some indication that the Legislature did not so intend,3 we would not be justified in concluding that the Legislature did not intend that commercial real property would be subject to forfeiture.

(1) The following property is subject to forfeiture:

(f) Any thing of value that is furnished or intended to be furnished in exchange for a controlled substance ... in violation of this article, traceable to an exchange for a controlled substance ... in violation of this article, or used or intended to be used to facilitate any violation of this article including but not limited to money, negotiable instruments, or securities. To the extent of the interest of an owner, a thing of value is not subject to forfeiture under this subdivision by reason of any act or omission that is established by the owner of the item to have been committed or omitted without the owner’s knowledge or *266consent. Any money that is found in close proximity [sic] to any property that is subject to forfeiture under subdivision (a), (b), (c), (d), or (e) shall be presumed to be subject to forfeiture under this subdivision. This presumption may be rebutted by clear and convincing evidence. [MCL 333.7521(l)(f); MSA 14.15(7521X1)©.]

Title to real property forfeited under this article shall be determined by a court of competent jurisdiction. A forfeiture of real property encumbered by a bona fide security interest is subject to the interest of the secured party who neither had knowledge of nor consented to the act or omission. [MCL 333.7523(3); MSA 14.15(7523)(3).]

The federal legislation referred to in the majority (ante, p 256) and the dissenting (post, pp 271-272) opinions on which the 1982 amendment, set forth in n 1, was apparently modeled did not provide specifically regarding the disposition of forfeited real property.

I agree with the majority that real property is a "thing of value” within the meaning of all three clauses of the first sentence of § 7521(1)(f), and that the contrary contentions of the claimant in that regard are not persuasive.