§ 27-4-137 — Civil forfeiture proceedings

(a) 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. (b) 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.

Legislative History

Amended by 2015 Ga. Laws 98,§ 3-22, eff. 7/1/2015. Amended by 2012 Ga. Laws 676,§; 23, eff. 1/1/2013.