Title 27, Chapter 1, Section 21
( 27-1-21)
(a) 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. (b) 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. (c) 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. |