Civil Forfeiture Proceedings

  1. Law
  2. Georgia Code
  3. Game and Fish
  4. Fish
  5. Seafood
  6. General Provisions
  7. Civil Forfeiture Proceedings

Checkout our iOS App for a better way to browser and research.

  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.


Download our app to see the most-to-date content.