A court having jurisdiction of an alleged offense against this title may order the disposition of all birds, animals, or fish, or any part thereof, or other property that has been confiscated. This order may be entered only after a hearing duly had upon proper notice to the owner and after due and proper finding by the court that the property:

Terms Used In North Dakota Code 20.1-10-03

  • confiscated: means to hold subject to the order of a court of competent jurisdiction. See North Dakota Code 20.1-01-02
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Owner: means a person, other than a lienholder, having the property in or title to a motorboat. See North Dakota Code 20.1-01-02
  • Person: includes every partnership, association, corporation, and limited liability company. See North Dakota Code 20.1-01-02
  • Property: includes property, real and personal. See North Dakota Code 1-01-49

1.    Was taken, killed, possessed, or being transported contrary to law by the person from whom it was seized.

2.    Was being used in violation of this title at the time it was seized.

3.    Had been used in violation of this title within six months previous to the time it was seized.