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2018 Georgia Code 27-1-21 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 27-1-21 Case Law from Google Scholar Amendments to OCGA 27-1-21

TITLE 27 GAME AND FISH

Section 1. General Provisions, 27-1-1 through 27-1-39.

27-1-21. Seizure and disposal of wildlife illegally taken or possessed; civil action by possessor; disposal of wildlife unable to be stored; disposition of unmarketable items.

  1. Conservation rangers, sheriffs, and other peace officers of this state or any political subdivision thereof shall seize any wildlife taken or possessed in violation of the wildlife laws and regulations of this state. Such wildlife shall be sold or disposed of in such manner as the commissioner may direct, in conformance with any rules and regulations promulgated by the board, at any time after the expiration of 30 days following the seizure, unless the owner thereof or the person in possession at the time of the seizure files a civil action against the State of Georgia, Department of Natural Resources, within 30 days following the seizure, in the state or superior court having jurisdiction in the county where the seizure was made. The person filing the action shall have the burden of proof, and the action shall be tried as other civil cases in such court. Items for which such an action has been filed shall be held pending the resolution of the action, provided that reasonable charges for storage shall be paid by the person filing the action in the event that such person does not prevail in the action.
  2. If the wildlife seized is perishable or if by its nature, size, or quantity it cannot be humanely, conveniently, or economically stored, held, or contained, or if the wildlife seized poses a threat to public safety or public health, the commissioner may at any time order that it be disposed of and the proceeds, if any, held in escrow for 30 days following such seizure. If the owner thereof or the person in possession at the time of seizure files an action pursuant to this Code section, the action will be for the return of the proceeds, if any, and the proceeds will be held in escrow until final disposition of the action. If no such action is filed, the proceeds shall be paid into the state treasury.
  3. Items for which there is no conveniently ascertainable commercial market may be donated to a charitable institution or otherwise disposed of as the commissioner may direct.

(Ga. L. 1970, p. 466, § 2; Ga. L. 1975, p. 1288, § 1; Code 1933, § 45-208, enacted by Ga. L. 1977, p. 396, § 1; Ga. L. 1992, p. 2863, § 2.)

Law reviews.

- For annual survey of administrative law, see 38 Mercer L. Rev. 17 (1986).

JUDICIAL DECISIONS

O.C.G.A. § 27-1-21 is not unconstitutionally vague or ambiguous. Blackston v. State, Dep't of Natural Resources, 255 Ga. 15, 334 S.E.2d 679 (1985).

O.C.G.A. § 27-1-21 comports with due process by granting the complaining party 30 days within which to file a civil action for return of the wildlife or the proceeds from the sale thereof. Blackston v. State, Dep't of Natural Resources, 255 Ga. 15, 334 S.E.2d 679 (1985).

For both perishable and nonperishable items, the civil action to recover the items themselves or the proceeds of the sale must be filed within 30 days of the seizure. Blackston v. State, Dep't of Natural Resources, 255 Ga. 15, 334 S.E.2d 679 (1985).

Cited in Department of Natural Resources v. Padgett, 146 Ga. App. 121, 245 S.E.2d 480 (1978).

RESEARCH REFERENCES

Am. Jur. 2d.

- 35A Am. Jur. 2d, Fish, Game, and Wildlife Conservation, §§ 28 et seq., 63.

ALR.

- Validity of roadblocks by state or local officials for purpose of enforcing fish or game laws, 87 A.L.R.4th 981.

Cases Citing O.C.G.A. § 27-1-21

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Blackston v. State of Ga., 334 S.E.2d 679 (Ga. 1985).

Cited 11 times | Published | Supreme Court of Georgia | Oct 1, 1985 | 255 Ga. 15

...Duffy, for appellant. Michael J. Bowers, Attorney General, Gregory W. Blount, Assistant Attorney General, Gordon R. Alphonso, Senior Attorney, for appellee. MARSHALL, Presiding Justice. This is an action filed by the appellant-plaintiff, Blackston, pursuant to OCGA § 27-1-21 for the return of the proceeds of shrimp seized from the appellant by the appellee-defendant, Game and Fish Division of the Department of Natural Resources (DNR), on the ground that the shrimp had been taken by the appellant in violation of the wildlife laws and regulations of this state. OCGA § 27-1-21 et seq. (Game and Fish Code). The trial court granted the appellee's motion to dismiss on the ground that this action was not filed within 30 days of the seizure, as required by OCGA § 27-1-21, supra....
...s the conditions under which this privilege is extended; and any wildlife then on his person or within his immediate possession are deemed to be wildlife possessed in violation of the law and are subject to seizure by the department pursuant to Code Section 27-1-21." OCGA § 27-1-21 (a) provides, "Conservation rangers, sheriffs, and other peace officers of this state or any political subdivision thereof shall seize any wildlife taken or possessed in violation of the wildlife laws and regulations of this state....
...Items for which such an action has been filed shall be held pending the resolution of the action, provided that reasonable charges for storage shall be paid by the person filing the action in the event that such person does not prevail in the action." OCGA § 27-1-21 (b) provides, "If the wildlife seized is perishable or if by its nature, size, or quantity it cannot be humanely, conveniently, or economically stored, held, or contained, the commissioner may at any time order that it be disposed of and the proceeds, if any, held in escrow for 30 days following such seizure....
...aint for return of the proceeds from the sale of the shrimp. In its answer to the complaint, the appellee sought dismissal of the complaint on the ground that this action was not filed within 30 days of the seizure of the shrimp, as required by OCGA § 27-1-21, supra. The appellant filed a brief in response to the appellee's motion to dismiss, which was served on the appellee. In this brief, the appellant argued: (1) The "30 days" referred to in § 27-1-21 *17 (b) refers to the disposal of the seized wildlife or proceeds thereof and not to the length of time the possessor has to file a civil action. (2) If the "30 days" in § 27-1-21 (b) refers to both the disposition of the proceeds and the time for filing the civil action, then the statute is ambiguous and should be construed in favor of the appellant. (3) If § 27-1-21 (b) requires the owner or possessor to file an action within 30 days following the seizure, then the statute violates due process, because of the ambiguity in the statute and because the statute fails to provide the owner or possessor with notice and an opportunity to be heard....
...However, having held that the appellant properly raised his constitutional challenge to the statute as construed by the appellee, we now hold that the appellee's construction of the statute is correct and that the statute, so construed, is not unconstitutional. To recapitulate, subsections (a) and (b) of OCGA § 27-1-21, supra, provide as follows: If the seized wildlife is not perishable, it can only be sold or disposed of after the expiration of 30 days following the seizure, unless a civil action is filed within 30 days following the seizure, in which c...
...And, under the previously cited statutory provisions, the ownership of wildlife is in the state. OCGA § 27-1-3 (a), supra. No property right is created in wildlife under the Game and Fish Code. OCGA § 44-1-8 (b), supra. For these reasons, we conclude that OCGA § 27-1-21, supra, comports with due process by granting the complaining party 30 days within which to file a civil action for return of the wildlife or the proceeds from the sale thereof....