71-0909 - Forfeitures.

§ 71-0909. Forfeitures.    1.  If  the  defendant  in  any  prosecution, civil or criminal, for a  violation involving the taking of deer with the  aid  of  an  artificial  light,  is  held  liable  or  found  guilty,  or  shall  effect  a civil  settlement of any action or cause  of  action  in  favor  of  the  state  arising  out  of  such violation, the defendant's interest in all things  seized as provided in paragraph f of subdivision 4 of section 71-0907 in  connection with such violation shall  be  declared  confiscated  by  and  forfeit  to  the state. Unless a claim of ownership by some other person  is made to the department within thirty days after the date  of  seizure  and  is  established  by  order of a court or to the satisfaction of the  department, all such things shall be disposed of as the department shall  direct.    2. If the defendant in any  prosecution,  civil  or  criminal,  for  a  violation involving the illegal taking, possession, or transportation of  any  fish, shellfish, crustacea, wildlife, game or protected insects, is  held liable or found guilty,  the  ownership  and  right  of  possession  thereof  shall  be  deemed  vested  or  revested  in  the  state for all  purposes, notwithstanding any claim of the defendant  or  of  any  other  person  to  private  ownership  lawfully  acquired  prior  to the act or  possession constituting such  violation,  unless  such  claim  shall  be  established  or  the  operation  of  this subdivision shall be stayed by  order of a court having jurisdiction of the  prosecution  or  an  appeal  therefrom,  or  of  the  subject matter of the claim, before judgment in  such prosecution is rendered. If any such claim is  asserted  by  or  on  behalf of any person in the course of any such prosecution, the court in  which  the  proceedings  are  had  may  make such order, or may stay the  judgment for such time as he deems proper to permit determination of the  claim or application for a stay of the operation of this subdivision.    3. If the defendant is held liable or found guilty in any prosecution,  civil or criminal, for a violation involving: a. the illegal  use  of  a  net  or  other  device, other than a boat, vehicle, aircraft or firearm,  the use of which is prohibited  under  any  and  all  circumstances  for  taking  the  species for which it was used in the violation involved, or  is so prohibited except in  accordance  with  a  permit  issued  by  the  department  or;  b. possession of nets in any case where such possession  is prohibited by section 11-1517 or subdivision 16 of  section  13-0343,  or  if  the  defendant  shall effect a civil settlement of any action or  cause of action in favor of the state arising out of such violation, the  defendant's interest in the device shall  be  forfeited  to  the  state.  Unless  a  claim  of  ownership  of  such  device  shall  be made to the  department by some other person within thirty days thereafter, and shall  be established by order of  a  court  or  to  the  satisfaction  of  the  department,  such  device  shall  be disposed of as the department shall  direct.    4. If the defendant is held liable or found guilty in any prosecution,  civil  or  criminal,  of  the  taking  of  shellfish  in  violation   of  subdivisions  1 or 2 of section 13-0309 or if the defendant shall effect  a civil compromise of any action or cause of  action  in  favor  of  the  state arising out of such violation, the defendant's interest in any and  all  rakes, tongs, dredges or devices other than a boat or vehicle, used  for the purpose of taking shellfish  in  violation  of  such  provisions  shall  be  forfeited  to  the state. Unless a claim of ownership of such  device shall be made to the  department  by  some  other  person  within  thirty  days thereafter, and shall be established by order of a court or  to the satisfaction of the department, such device shall be disposed  of  as the department shall direct.4-a.  In  addition to any other penalties imposed by this chapter, the  violation of subdivision 2 or 3 of section 13-0309 of this chapter shall  be punishable by forfeiture of any  boat  or  vehicle  employed  in  the  violation of such subdivisions.    5.  a.  For  the  purposes of this section, a claim of ownership shall  mean  any  lawful  interest,  including  a  part  interest  or  security  interest.    b.  A  claim  of  ownership  shall not prevent vesting or revesting of  ownership and right of possession in the state pursuant to subdivision 2  of this section unless the person establishing it either  establishes  a  right  of  ownership exclusive of any interest in the defendant or shall  purchase or redeem from the state  any  interest  of  the  defendant  by  payment  to  the state of the value thereof together with the reasonable  expenses of safekeeping of such property between the time of seizure and  such redemption. Establishment of a claim of ownership shall not in  any  event  prevent  such revesting in the state if the state shall establish  that the illegal possession or transportation of which the defendant  is  held  liable or found guilty was expressly or impliedly permitted by the  person establishing the claim of ownership.    c. Establishment  of  a  claim  of  ownership  consisting  of  a  part  ownership   or   a  security  interest  shall  not  entitle  the  person  establishing it to delivery of property as to which the interest of  the  defendant  is declared confiscated or forfeit as provided in subdivision  1 of this section or is forfeited as provided in subdivisions 3 and 4 of  this section unless the person establishing it shall redeem any interest  of the defendant by payment to the state of the value  thereof  together  with the reasonable expenses of safekeeping of such property between the  time  of  seizure  and  such  redemption.  Establishment  of  a claim of  ownership shall not in any event entitle the person establishing  it  to  delivery  of  the property if the state shall establish that the illegal  use or possession of such property, in the manner or for the purposes or  in  the  circumstances  making  such  use  or  possession  illegal,  was  expressly  or  impliedly permitted by the person establishing such claim  of ownership.    d. Where a person establishing a claim of  ownership  is  required  to  purchase  or redeem any interest of the defendant in a civil or criminal  prosecution in order to be entitled to delivery  of  property  in  which  such  claim  of ownership is established, such interest of the defendant  must be so purchased or redeemed not less than ten days after the  price  of purchase or redemption shall have been fixed by order of the court or  agreed  between  the  person  whose  claim  is  so  established  and the  department. The department shall have power to enter into such agreement  on behalf of the state. If a person establishing a  claim  of  ownership  shall  fail  to  purchase or redeem the interest of the defendant within  the time provided in this subdivision, or such longer  time  as  may  be  provided  by order of the court or agreement of the department, he shall  be deemed to have abandoned his claim of ownership, and the property may  be disposed of as if no such claim had been asserted.    e. All moneys received in payment  of  the  price  of  redeemption  or  purchase   of  the  defendant's  interest  shall  be  deposited  in  the  conservation fund provided by section 83 of the State Finance Law.    6. A person asserting a claim of ownership as provided in this section  shall have the burden of proof.    7. In any action or proceeding in which any person asserts a claim  of  ownership  with  respect  to  property  in  which  the  interest  of the  defendant  is  declared  confiscated  and  forfeited  as   provided   in  subdivision 1 of this section or is forfeited as provided in subdivision  3  of this section, the testimony of such person, or of the defendant inthe civil or criminal prosecution, or  of  both,  shall  not  be  deemed  sufficient  to  establish  his  claim unless corroborated by documentary  evidence or by testimony of some other  person  not  interested  in  the  event.