LD 1600
pg. 67
Page 66 of 361 PUBLIC Law Chapter 414 Page 68 of 361
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LR 2121
Item 1

 
forward the proceeds to the commissioner in the same manner as is
provided by section 10203;

 
3.__Declaration of forfeiture. If no claimant appears, the
court shall, on proof of notice, declare the articles forfeited
to the State;

 
4.__Claim procedures. If a person appears and claims the
articles, or any part of the articles, as having a right to the
possession of them at the time when they were seized, that
claimant shall file with the court a claim in writing stating
specifically:

 
A.__The right so claimed;

 
B.__The foundation of the claim;

 
C.__The item so claimed;

 
D.__The time and place of the seizure;

 
E.__The name of the officer by whom the articles were
seized;

 
F.__That the articles were not possessed in violation of
this Part with the person's__knowledge or consent; and

 
G.__That person's business and place of residence.

 
If a person makes a claim in accordance with this subsection,
that claimant must be admitted as a party to the process, and the
court shall proceed to determine the truth of the allegations in
the claim and libel and may hear any pertinent evidence offered
by the libelant or claimant;

 
5.__Return of articles or proceeds to claimant. If the court
is, upon the hearing, satisfied that the fish, wildlife or
equipment possessed was not possessed in violation of this Part
and that the claimant is entitled to the custody of any part of
the articles, the court shall give the claimant an order in
writing, directed to the officer having the articles in custody,
commanding delivery to the claimant of the articles or proceeds
derived from the sale of the articles, to which the claimant is
found to be entitled, within 48 hours after demand;

 
6.__Judgment against claimant. If the court finds the claimant
entitled to no part of the articles seized, the court shall
render judgment against that claimant for the libelant for costs,
to be taxed as in civil cases before the court, and issue
execution thereon, and declare the articles forfeited to the
State;


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