LD 1600
pg. 66
Page 65 of 360 An Act To Recodify the Laws Governing Inland Fisheries and Wildlife Page 67 of 360
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LR 2121
Item 1

 
Property forfeited to the State under this section may be
disposed of by the commissioner in any manner considered
appropriate by the commissioner.

 
§10503.__Forfeiture of seized fish, wildlife and equipment

 
Whenever a libel has been filed pursuant to section 10502:

 
1.__Notice and hearing of libel. The judge shall fix a time
for the hearing of the libel and issue a notice of the libel to
all persons interested, citing them to appear at the time and
place appointed and show cause why the fish, wildlife or
equipment possessed should not be declared forfeited.__A true and
attested copy of the libel and notice must be posted in 2
conspicuous places in the town or place where the fish, wildlife
or equipment possessed was seized, or in such place or places as
is ordered by the court, at least 10 days before the day on which
the libel is returnable. Copies must be served on common
carriers;

 
2.__Disposal and sale of fish or wildlife. If the court finds
that the fish or wildlife seized will be unsuitable for food or
other use on the day on which the libel is returnable, the court
shall order the officer making the seizure to dispose of the
seized fish or wildlife. The officer disposing of the seized fish
or wildlife shall, in case of sale, hold the proceeds of the sale
subject to order of the court for decision as to the right of the
claimant, if any appear, to the fish or wildlife. If the court
finds the claimant, if any appear, is not entitled to the fish or
wildlife, the officer making the seizure shall turn over to the
court the proceeds of the sale, and the court shall 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;


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