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.
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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.
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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.
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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.
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For annual survey of administrative law, see 38 Mercer L. Rev. 17 (1986).
JUDICIAL DECISIONS
O.C.G.A.
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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.
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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.
