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Minnesota Legislature

Office of the Revisor of Statutes

97A.221 SEIZURE AND CONFISCATION OF PROPERTY.
    Subdivision 1. Property subject to seizure and confiscation. (a) An enforcement officer
may seize:
(1) wild animals, wild rice, and other aquatic vegetation taken, bought, sold, transported, or
possessed in violation of the game and fish laws or chapter 84 or 84D; and
(2) firearms, bows and arrows, nets, boats, lines, poles, fishing rods and tackle, lights,
lanterns, snares, traps, spears, dark houses, fish houses, and wild rice harvesting equipment that
are used with the owner's knowledge to unlawfully take or transport wild animals, wild rice, or
other aquatic vegetation and that have a value under $1,000 are subject to this section.
(b) An item described in paragraph (a), clause (2), that has a value of $1,000 or more is
subject to the provisions of section 97A.225.
(c) An enforcement officer must seize nets and equipment unlawfully possessed within ten
miles of Lake of the Woods or Rainy Lake.
    Subd. 2. Seizure of commingled shipments. A whole shipment or parcel is contraband if
two or more wild animals are shipped or possessed in the same container, vehicle, or room, or in
any way commingled, and any of the animals are contraband. Seizure of any part of a shipment
includes the entire shipment.
    Subd. 3. Procedure for confiscation of property seized. The enforcement officer must hold
the seized property. The property held may be confiscated when:
(1) the person from whom the property was seized is convicted, the conviction is not under
appeal, and the time period for appeal of the conviction has expired; or
(2) the property seized is contraband consisting of a wild animal, wild rice, or other aquatic
vegetation.
    Subd. 4. Disposal of confiscated property. Confiscated property may be disposed of or
retained for use by the commissioner, or sold at the highest price obtainable as prescribed by
the commissioner. Upon acquittal or dismissal of the charged violation for which the property
was seized:
(1) all property, other than contraband consisting of a wild animal, wild rice, or other aquatic
vegetation, must be returned to the person from whom the property was seized; and
(2) the commissioner shall reimburse the person for any seized or confiscated property that
is sold, lost, or damaged.
History: 1986 c 386 art 1 s 37; 1987 c 149 art 1 s 19; 1Sp1995 c 1 s 20; 1996 c 385 art 2 s
6; 2006 c 281 art 2 s 22,23