{"data":{"id":"us-ok/okla.-stat.-tit.-29-29-7-206","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 29, § 29-7-206","heading":"Seizure and forfeiture of certain items, equipment,","body":"vehicles and property relating to hunting and fishing violations.\n\nA. Any game warden, sheriff, deputy sheriff or other peace\n\nofficer of this state is authorized to seize any item, equipment,\n\nvehicle or other property, which is used or operated in violation of\n\nany provision of Sections 5-411, 5-412, and 6-301, Section 42 of\n\nthis act, subsection A of Section 6-302, paragraph 2 of subsection A\n\nof Section 6-303, subsection A, B, C, D, G, H or K of Section 4-129\n\nof this title, Section 32 of this act, or as otherwise specified by\n\nthe Oklahoma Wildlife Conservation Code. Such items, equipment,\n\nvehicles or other such property shall be held as evidence until:\n\n1. A forfeiture or release has been ordered by the court\n\npursuant to the provisions of this act; or\n\n2. The district attorney of the county in which the item,\n\nequipment, vehicle or other property was seized determines that such\n\nitem, equipment, vehicle or other property is not needed for\n\nprosecution of the violation.\n\nUpon such forfeiture by order of the court, or upon such\n\ndetermination by the district attorney, the court or the district\n\nattorney as the case may be, shall provide for the release of such\n\nitem, equipment, vehicle or other property so seized.\n\nB. Notice of seizure and intended forfeiture proceeding shall\n\nbe filed in the office of the clerk of the district court for the\n\ncounty wherein any such item, equipment, vehicle or property, is\n\nseized and shall be given all owners and parties in interest.\n\nC. Notice shall be given according to one of the following\n\nmethods:\n\n1. Upon each owner or party in interest whose right, title or\n\ninterest is of record in the Tax Commission, by mailing a copy of\n\nthe notice by certified mail to the address as given upon the\n\nrecords of the Tax Commission;\n\n2. Upon each owner or party in interest whose name and address\n\nis known, by mailing a copy of the notice by registered mail to the\n\nlast-known address; or\n\n3. Upon all other owners, whose addresses are unknown, but who\n\nare believed to have an interest in such item, equipment, vehicle or\n\nother property, by one publication in a newspaper of general\n\ncirculation in the county where the seizure was made.\n\nD. Within sixty (60) days after the mailing or publication of\n\nthe notice, the owner of any such item, equipment, vehicle or other\n\nproperty, and any other party in interest or claimant may file a\n\nverified answer and claim to such item, equipment, vehicle or\n\nproperty described in the notice of seizure and of the intended\n\nforfeiture proceeding.\n\nE. If at the end of sixty (60) days after the notice has been\n\nmailed or published there is no verified answer on file, the court\n\nshall hear evidence upon the fact of the unlawful use or intended\n\nunlawful use and shall order the item, equipment, vehicle or\n\nproperty, forfeited to the state, if such fact is proved.\n\nF. If a verified answer is filed, the forfeiture proceeding\n\nshall be set for hearing.\n\nG. At the hearing the state shall prove beyond a reasonable\n\ndoubt by competent evidence that the item, equipment, vehicle or\n\nproperty was used or operated in a violation of any provision\n\nspecified by subsection A of this section. Such items, equipment,\n\nvehicles or other such property shall be held as evidence until a\n\nforfeiture has been declared or release ordered.\n\nH. The claimant of any right, title or interest in the item,\n\nequipment, vehicle or other property may prove the lien, mortgage or\n\nconditional sales contract of the claimant to be bona fide and that\n\nthe right, title or interest of the claimant was created without any\n\nknowledge or reason to believe that the item, equipment, vehicle or\n\nproperty was being operated for the purpose charged.\n\nI. In the event of such proof, the court shall order the item,\n\nequipment, vehicle or property released to the bona fide or innocent\n\nowner, lien holder, mortgagee or vendor if the amount due such\nand that\n\nthe right, title or interest of the claimant was created without any\n\nknowledge or reason to believe that the item, equipment, vehicle or\n\nproperty was being operated for the purpose charged.\n\nI. In the event of such proof, the court shall order the item,\n\nequipment, vehicle or property released to the bona fide or innocent\n\nowner, lien holder, mortgagee or vendor if the amount due such\n\nperson is equal to, or in excess of, the value of the item,\n\nequipment, vehicle or property as of the date of the seizure. It is\n\nthe intention of this section to forfeit only the right, title or\n\ninterest of the purchaser.\n\nJ. If the amount due to such person is less than the value of\n\nthe item, equipment, vehicle or property or if no bona fide claim is\n\nestablished, the item, equipment, vehicle or property shall be\n\nforfeited to the state and the item, equipment, vehicle or property\n\nshall be sold under judgment of the court, as on sale upon\n\nexecution, except as otherwise provided for in subsection M of this\n\nsection.\n\nK. Property taken or detained pursuant to this section shall\n\nnot be repleviable, but shall be deemed to be in the custody of the\n\noffice of the district attorney of the county wherein the property\n\nwas seized, subject only to the orders and decrees of the court or\n\nthe official having jurisdiction thereof.\n\nL. The proceeds of the sale of any such item, equipment,\n\nvehicle or property pursuant to the provisions of this section shall\n\nbe distributed as follows, in the order indicated:\n\n1. To the bona fide or innocent purchaser, conditional sales\n\nvendor or mortgagee of the item, equipment, vehicle or property, if\n\nany, up to the amount of the interest of such person in the item,\n\nequipment, vehicle or property, when the court declaring the\n\nforfeiture orders a distribution to such person;\n\n2. To the payment of the actual expenses of preserving the\n\nproperty; and\n\n3. The balance to be apportioned, one-fourth (1/4) to the\n\nDepartment of Wildlife Conservation and three-fourths (3/4) to the\n\ndistrict court in which such proceedings were brought.\n\nM. Whenever any item, equipment, vehicle or property is\n\nforfeited under this section and there is no innocent claimant\n\nthereof, the district court of jurisdiction may order that the item,\n\nequipment, vehicle or property seized may be retained by the\n\nDepartment of Wildlife Conservation for its official use.\n\nN. If the court finds that the item, equipment, vehicle or\n\nproperty was not used in a violation of any provision specified by\n\nsubsection A of this section, the court shall order the item,\n\nequipment, vehicle or property released to the owner as the right,\n\ntitle or interest of the owner appears on record in the Tax\n\nCommission as of the seizure.","path":["OK Code","Title 29"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os29.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"09a520bcfc115e242132a5c27d76646c65507538f69efeac48cbb90effcb64b0","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-29-29-7-205","next":"us-ok/okla.-stat.-tit.-29-29-7-207"},"notice":"GroundRules: Original legal text. Not legal advice."}