Section 287.1118 - Correction of conditions leading to seizure; return to owner; court approval; notice of seizure and intent to forfeit; delivery of notice; notice to prosecuting attorney or attorney

LARGE CARNIVORE ACT (EXCERPT)
Act 274 of 2000

287.1118 Correction of conditions leading to seizure; return to owner; court approval; notice of seizure and intent to forfeit; delivery of notice; notice to prosecuting attorney or attorney general.

Sec. 18.

(1) A law enforcement officer may return a seized large carnivore to the owner of the large carnivore if the law enforcement officer is satisfied that the conditions resulting in the seizure have been corrected. If the large carnivore was seized pursuant to process issued by a court, the law enforcement officer shall obtain approval of the court before returning the large carnivore.

(2) Unless the large carnivore has been returned, the law enforcement officer shall, within 10 days after the large carnivore is seized, give written notice of the seizure and intent to forfeit the large carnivore to each of the following persons:

(a) The owner of the large carnivore.

(b) Any person who was injured or whose property was damaged by the large carnivore.

(3) The notice required under subsection (2) shall be delivered in person or sent by certified mail. If the name and address of the person are not reasonably ascertainable or personal delivery of the notice cannot reasonably be accomplished, the notice shall be published in a newspaper of general circulation in the county in which the large carnivore was seized for 10 successive publishing days. Proof of written notice or publication shall be filed with the court having jurisdiction over the seizure or forfeiture.

(4) The law enforcement officer shall immediately after seizure of the large carnivore notify the prosecuting attorney for the county in which the large carnivore was seized or, if the attorney general is actively handling a case involving or relating to the large carnivore, the attorney general of the seizure of the large carnivore and any intent to forfeit the large carnivore under this act.


History: 2000, Act 274, Imd. Eff. July 7, 2000