A conservation officer may seize wild animals, aquatic vegetation, hunting and fishing gear, firearms, boats, nets, traps, fish houses or other paraphernalia. The state must prove that the seized property was used with the owner's knowledge to unlawfully take or transport wild animals or aquatic vegetation in violation of the game and fish laws of Minnesota.

If the property is worth more than $1000, DNR must begin a lawsuit to assert DNR ownership of the goods.

A motor vehicles can be seized by a conservation officer if it is used to illegally shine wild animals, transport big game or other fur bearers or transport minnows in violation of the law. Motor vehicles subject to seizure include cars, trucks, snowmobiles and airplanes.

The property must be held by DNR until there has been a conviction or acquittal of the charge.

In the lawsuit begun by DNR (which is separate from the criminal proceeding), the owner or anyone who claims and interest in the goods or property must file a written pleading in District Court.

A trail is held by the judge sitting without a jury. At trial the issues are whether the property was used in violation of the law whether the claimant knew or had reason to know that the property was intended to be used illegally.

Confiscations are serious and complex proceedings for which the sportsman or commercial operator should seek qualified legal counsel.

Peterson Law Office is located at 3601 Minnesota Drive, Suite 800, Bloomington, MN 55435. Our local telephone number is (952) 921-5818. Our toll-free telephone number is 1-888-910-5297. Our fax phone number is (952) 831-2550. [Contact Us]

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