Section 71-0909. Forfeitures

1.  If  the  defendant  in  any  prosecution, civil or criminal, for a
  violation involving the taking of deer with the  aid  of  an  artificial
  light,  is  held  liable  or  found  guilty,  or  shall  effect  a civil
  settlement of any action or cause  of  action  in  favor  of  the  state
  arising  out  of  such violation, the defendant's interest in all things
  seized as provided in paragraph f of subdivision 4 of section 71-0907 in
  connection with such violation shall  be  declared  confiscated  by  and
  forfeit  to  the state. Unless a claim of ownership by some other person
  is made to the department within thirty days after the date  of  seizure
  and  is  established  by  order of a court or to the satisfaction of the
  department, all such things shall be disposed of as the department shall
  direct.
    2. If the defendant in any  prosecution,  civil  or  criminal,  for  a
  violation involving the illegal taking, possession, or transportation of
  any  fish, shellfish, crustacea, wildlife, game or protected insects, is
  held liable or found guilty,  the  ownership  and  right  of  possession
  thereof  shall  be  deemed  vested  or  revested  in  the  state for all
  purposes, notwithstanding any claim of the defendant  or  of  any  other
  person  to  private  ownership  lawfully  acquired  prior  to the act or
  possession constituting such  violation,  unless  such  claim  shall  be
  established  or  the  operation  of  this subdivision shall be stayed by
  order of a court having jurisdiction of the  prosecution  or  an  appeal
  therefrom,  or  of  the  subject matter of the claim, before judgment in
  such prosecution is rendered. If any such claim is  asserted  by  or  on
  behalf of any person in the course of any such prosecution, the court in
  which  the  proceedings  are  had  may  make such order, or may stay the
  judgment for such time as he deems proper to permit determination of the
  claim or application for a stay of the operation of this subdivision.
    3. If the defendant is held liable or found guilty in any prosecution,
  civil or criminal, for a violation involving: a. the illegal  use  of  a
  net  or  other  device, other than a boat, vehicle, aircraft or firearm,
  the use of which is prohibited  under  any  and  all  circumstances  for
  taking  the  species for which it was used in the violation involved, or
  is so prohibited except in  accordance  with  a  permit  issued  by  the
  department  or;  b. possession of nets in any case where such possession
  is prohibited by section 11-1517 or subdivision 16 of  section  13-0343,
  or  if  the  defendant  shall effect a civil settlement of any action or
  cause of action in favor of the state arising out of such violation, the
  defendant's interest in the device shall  be  forfeited  to  the  state.
  Unless  a  claim  of  ownership  of  such  device  shall  be made to the
  department by some other person within thirty days thereafter, and shall
  be established by order of  a  court  or  to  the  satisfaction  of  the
  department,  such  device  shall  be disposed of as the department shall
  direct.
    4. If the defendant is held liable or found guilty in any prosecution,
  civil  or  criminal,  of  the  taking  of  shellfish  in  violation   of
  subdivisions  1 or 2 of section 13-0309 or if the defendant shall effect
  a civil compromise of any action or cause of  action  in  favor  of  the
  state arising out of such violation, the defendant's interest in any and
  all  rakes, tongs, dredges or devices other than a boat or vehicle, used
  for the purpose of taking shellfish  in  violation  of  such  provisions
  shall  be  forfeited  to  the state. Unless a claim of ownership of such
  device shall be made to the  department  by  some  other  person  within
  thirty  days thereafter, and shall be established by order of a court or
  to the satisfaction of the department, such device shall be disposed  of
  as the department shall direct.

    4-a.  In  addition to any other penalties imposed by this chapter, the
  violation of subdivision 2 or 3 of section 13-0309 of this chapter shall
  be punishable by forfeiture of any  boat  or  vehicle  employed  in  the
  violation of such subdivisions.
    5.  a.  For  the  purposes of this section, a claim of ownership shall
  mean  any  lawful  interest,  including  a  part  interest  or  security
  interest.
    b.  A  claim  of  ownership  shall not prevent vesting or revesting of
  ownership and right of possession in the state pursuant to subdivision 2
  of this section unless the person establishing it either  establishes  a
  right  of  ownership exclusive of any interest in the defendant or shall
  purchase or redeem from the state  any  interest  of  the  defendant  by
  payment  to  the state of the value thereof together with the reasonable
  expenses of safekeeping of such property between the time of seizure and
  such redemption. Establishment of a claim of ownership shall not in  any
  event  prevent  such revesting in the state if the state shall establish
  that the illegal possession or transportation of which the defendant  is
  held  liable or found guilty was expressly or impliedly permitted by the
  person establishing the claim of ownership.
    c. Establishment  of  a  claim  of  ownership  consisting  of  a  part
  ownership   or   a  security  interest  shall  not  entitle  the  person
  establishing it to delivery of property as to which the interest of  the
  defendant  is declared confiscated or forfeit as provided in subdivision
  1 of this section or is forfeited as provided in subdivisions 3 and 4 of
  this section unless the person establishing it shall redeem any interest
  of the defendant by payment to the state of the value  thereof  together
  with the reasonable expenses of safekeeping of such property between the
  time  of  seizure  and  such  redemption.  Establishment  of  a claim of
  ownership shall not in any event entitle the person establishing  it  to
  delivery  of  the property if the state shall establish that the illegal
  use or possession of such property, in the manner or for the purposes or
  in  the  circumstances  making  such  use  or  possession  illegal,  was
  expressly  or  impliedly permitted by the person establishing such claim
  of ownership.
    d. Where a person establishing a claim of  ownership  is  required  to
  purchase  or redeem any interest of the defendant in a civil or criminal
  prosecution in order to be entitled to delivery  of  property  in  which
  such  claim  of ownership is established, such interest of the defendant
  must be so purchased or redeemed not less than ten days after the  price
  of purchase or redemption shall have been fixed by order of the court or
  agreed  between  the  person  whose  claim  is  so  established  and the
  department. The department shall have power to enter into such agreement
  on behalf of the state. If a person establishing a  claim  of  ownership
  shall  fail  to  purchase or redeem the interest of the defendant within
  the time provided in this subdivision, or such longer  time  as  may  be
  provided  by order of the court or agreement of the department, he shall
  be deemed to have abandoned his claim of ownership, and the property may
  be disposed of as if no such claim had been asserted.
    e. All moneys received in payment  of  the  price  of  redeemption  or
  purchase   of  the  defendant's  interest  shall  be  deposited  in  the
  conservation fund provided by section 83 of the State Finance Law.
    6. A person asserting a claim of ownership as provided in this section
  shall have the burden of proof.
    7. In any action or proceeding in which any person asserts a claim  of
  ownership  with  respect  to  property  in  which  the  interest  of the
  defendant  is  declared  confiscated  and  forfeited  as   provided   in
  subdivision 1 of this section or is forfeited as provided in subdivision
  3  of this section, the testimony of such person, or of the defendant in

  the civil or criminal prosecution, or  of  both,  shall  not  be  deemed
  sufficient  to  establish  his  claim unless corroborated by documentary
  evidence or by testimony of some other  person  not  interested  in  the
  event.