N.Y. Environmental Conservation Law § 71-0909: Forfeitures

§ 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.