2003 Minnesota Statutes

     97A.225 Seizure and confiscation of motor vehicles and 
  boats. 

    Subdivision 1.    Seizure.  (a) An enforcement officer 
 must seize all motor vehicles used to:  

    (1) shine wild animals in violation of section 97B.081, 
 subdivision 1; 

    (2) transport big game animals illegally taken or 
 fur-bearing animals illegally purchased; or 

    (3) transport minnows in violation of section 97C.501, 
 97C.515, or 97C.525.  

    (b) An enforcement officer must seize all boats and motors 
 used in netting fish on Lake of the Woods, Rainy Lake, Lake 
 Superior, Namakan Lake, and Sand Point Lake in violation of 
 licensing or operating requirements of section 97A.475, 
 subdivision 30, 97C.825, 97C.831, or 97C.835, or a rule of the 
 commissioner relating to these provisions.  

    (c) An enforcement officer may seize all boats and motors 
 with their trailers that are used to take, possess, or transport 
 wild animals when the restitution value of the wild animals 
 exceeds $500. 

    Subd. 2.    Procedure for confiscation of property seized. 
  The enforcement officer must hold the seized property, 
 subject to the order of the court having jurisdiction where the 
 offense was committed.  The property held is confiscated when 
 the commissioner complies with this section and the person from 
 whom it was seized is convicted of the offense.  

    Subd. 3.    Complaint against property.  The 
 commissioner shall file with the court a separate complaint 
 against the property held.  The complaint must identify the 
 property, describe its use in the violation, and specify the 
 time and place of the violation.  A copy of the complaint must 
 be served upon the defendant or the owner of the property.  

    Subd. 4.    Release of property after posting bond.  At 
 any time after seizure of the property specified in this 
 section, the property must be returned to the owner or person 
 having the legal right to possession upon execution of a valid 
 bond to the state with a corporate surety.  The bond must be 
 approved by a judge of the court of jurisdiction, conditioned to 
 abide by an order and judgment of the court and to pay the full 
 value of the property at the time of seizure.  The bond must be 
 for $100 or for a greater amount not more than twice the value 
 of the property seized.  

    Subd. 5.    Court order.  (a) If the person arrested is 
 acquitted, the court shall dismiss the complaint against the 
 property and order it returned to the person legally entitled to 
 it.  

    (b) Upon conviction of the person, the court shall issue an 
 order directed to any person that may have any right, title, or 
 interest in, or lien upon, the seized property.  The order must 
 describe the property and state that it was seized and that a 
 complaint against it has been filed.  The order shall require a 
 person claiming right, title, or interest in, or lien upon, the 
 property to file with the court administrator an answer to the 
 complaint, stating the claim, within ten days after the service 
 of the order.  The order shall contain a notice that if the 
 person fails to file an answer within the time limit, the 
 property may be ordered sold by the commissioner.  

    (c) The court order must be served upon any person known or 
 believed to have any right, title, interest, or lien in the same 
 manner as provided for service of a summons in a civil action, 
 and upon unknown persons by publication, in the same manner as 
 provided for publication of a summons in a civil action.  

    Subd. 6.    Court ordered sale after no answer.  If an 
 answer is not filed within the time provided in subdivision 5, 
 the court administrator shall notify the court and the court 
 shall order the commissioner to sell the property.  The net 
 proceeds of the sale shall be deposited in the state treasury 
 and credited to the game and fish fund.  

    Subd. 7.    Hearing after answer.  If an answer is filed 
 within the time provided in subdivision 5, the court shall 
 schedule a hearing within ten to 30 days after the time expired 
 for filing the answer.  The court, without a jury, shall 
 determine whether any of the property was used in a violation 
 specified in the complaint and whether the owner had knowledge 
 or reason to believe that the property was being used, or 
 intended to be used, in the violation.  The court shall order 
 the commissioner to sell the property that was unlawfully used 
 with knowledge of the owner and to return to the owner property 
 that was not unlawfully used with the knowledge of the owner.  
 If the property is to be sold, the court shall determine the 
 priority of liens against the property and whether the 
 lienholders had knowledge that the property was being used or 
 was intended to be used.  Lienholders that had knowledge of the 
 property's use in the violation are not to be paid.  The court 
 order must state the priority of the liens to be paid.  

    Subd. 8.    Proceeds of sale.  After determining the 
 expense of seizing, keeping, and selling the property, the 
 commissioner must pay the liens from the proceeds according to 
 the court order.  The remaining proceeds shall be deposited in 
 the state treasury and credited to the game and fish fund.  

    Subd. 9.    Cancellation of security interests.  A sale 
 under this section cancels all liens on and security interests 
 in the property sold.  

    HIST: 1986 c 386 art 1 s 38; 1Sp1986 c 3 art 1 s 82; 1991 c 
 259 s 23; 2002 c 270 s 2 

*   NOTE:  The amendment to subdivision 1 by Laws 2002, chapter 
*270, section 2, is effective March 1, 2003.  Laws 2002, chapter 
*270, section 11.