They're seized pursuant to a warrant issued by a Federal court. The owner is more than welcome to challenge the warrant, but why would you? A DNS name is cheap and challenging a Federal warrant is not.
And this is the problem, the whole "we're the government, we'll do what we like, legal or not, and make the process of challenging it _technically_ possible, but practically unusable for regular people due to the cost."
This is to me, very similar the whole #OWS movement's complaint - justice for all _who can afford it_...
Where do I sign up to the "Occupy the Root Nameservers Movement"?