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O.C.G.A. § 27-4-137 — Civil forfeiture proceedings | Georgia Code
O.C.G.A. § 27-4-137 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 27 GAME AND FISH

Section 4. Fish, 27-4-1 through 27-4-283.

ARTICLE 4 SEAFOOD

27-4-137. Civil forfeiture proceedings.

  1. Each boat, propulsion unit, net, door, boom, winch, cable, electronic device, or accessory equipment used in violation of Code Section 27-4-133 or 27-4-171 is declared to be contraband and forfeited to the state in accordance with the procedures set forth in Chapter 16 of Title 9; provided, however, that:
    1. Forfeiture shall only be done in accordance with Code Section 9-16-12 and the property shall be described only in general terms; and
    2. The holder of any bona fide lien on the property shall be protected to the full extent of the lien, but only if the lien was perfected prior to the filing by the department of the affidavit provided for in paragraph (3) of subsection (a) of Code Section 27-4-134, provided that the state shall not be obligated beyond the proceeds of any such sale less the actual costs incurred.
  2. The Attorney General may, upon the request of the commissioner, aid the district attorney in the in rem proceeding arising from any seizure or confiscation of property.

(Ga. L. 1953, Jan.-Feb. Sess., p. 491, § 6; Ga. L. 1955, p. 483, § 94; Ga. L. 1970, p. 961, § 1; Ga. L. 1973, p. 795, § 2; Ga. L. 1975, p. 428, § 1; Code 1933, § 45-902, enacted by Ga. L. 1977, p. 396, § 1; Ga. L. 1982, p. 1729, § 11; Ga. L. 2012, p. 739, § 23/HB 869; Ga. L. 2015, p. 693, § 3-22/HB 233.)

Editor's notes.

- Ga. L. 2015, p. 693, § 4-1/HB 233, not codified by the General Assembly, provides that: "This Act shall become effective on July 1, 2015, and shall apply to seizures of property for forfeiture that occur on or after that date. Any such seizure that occurs before July 1, 2015, shall be governed by the statute in effect at the time of such seizure."

Law reviews.

- For article on the 2015 amendment of this Code section, see 32 Ga. St. U.L. Rev. 1 (2015).

RESEARCH REFERENCES

Am. Jur. 2d.

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

C.J.S.

- 36A C.J.S., Fish, §§ 46, 47.

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This Georgia Code resource is curated by Georgia Bar member Graham W. Syfert, a personal injury and workers' compensation attorney admitted in Georgia (State Bar of Georgia No. 881027, since 2006) and Florida. For legal consultation, call 904-383-7448.