Okla. Stat. tit. 29, § 29-7-206

vehicles and property relating to hunting and fishing violations.

A. Any game warden, sheriff, deputy sheriff or other peace

officer of this state is authorized to seize any item, equipment,

vehicle or other property, which is used or operated in violation of

any provision of Sections 5-411, 5-412, and 6-301, Section 42 of

this act, subsection A of Section 6-302, paragraph 2 of subsection A

of Section 6-303, subsection A, B, C, D, G, H or K of Section 4-129

of this title, Section 32 of this act, or as otherwise specified by

the Oklahoma Wildlife Conservation Code. Such items, equipment,

vehicles or other such property shall be held as evidence until:

1. A forfeiture or release has been ordered by the court

pursuant to the provisions of this act; or

2. The district attorney of the county in which the item,

equipment, vehicle or other property was seized determines that such

item, equipment, vehicle or other property is not needed for

prosecution of the violation.

Upon such forfeiture by order of the court, or upon such

determination by the district attorney, the court or the district

attorney as the case may be, shall provide for the release of such

item, equipment, vehicle or other property so seized.

B. Notice of seizure and intended forfeiture proceeding shall

be filed in the office of the clerk of the district court for the

county wherein any such item, equipment, vehicle or property, is

seized and shall be given all owners and parties in interest.

C. Notice shall be given according to one of the following

methods:

1. Upon each owner or party in interest whose right, title or

interest is of record in the Tax Commission, by mailing a copy of

the notice by certified mail to the address as given upon the

records of the Tax Commission;

2. Upon each owner or party in interest whose name and address

is known, by mailing a copy of the notice by registered mail to the

last-known address; or

3. Upon all other owners, whose addresses are unknown, but who

are believed to have an interest in such item, equipment, vehicle or

other property, by one publication in a newspaper of general

circulation in the county where the seizure was made.

D. Within sixty (60) days after the mailing or publication of

the notice, the owner of any such item, equipment, vehicle or other

property, and any other party in interest or claimant may file a

verified answer and claim to such item, equipment, vehicle or

property described in the notice of seizure and of the intended

forfeiture proceeding.

Oklahoma Statutes - Title 29. Game and Fish Page 142

E. If at the end of sixty (60) days after the notice has been

mailed or published there is no verified answer on file, the court

shall hear evidence upon the fact of the unlawful use or intended

unlawful use and shall order the item, equipment, vehicle or

property, forfeited to the state, if such fact is proved.

F. If a verified answer is filed, the forfeiture proceeding

shall be set for hearing.

G. At the hearing the state shall prove beyond a reasonable

doubt by competent evidence that the item, equipment, vehicle or

property was used or operated in a violation of any provision

specified by subsection A of this section. Such items, equipment,

vehicles or other such property shall be held as evidence until a

forfeiture has been declared or release ordered.

H. The claimant of any right, title or interest in the item,

equipment, vehicle or other property may prove the lien, mortgage or

conditional sales contract of the claimant to be bona fide and that

the right, title or interest of the claimant was created without any

knowledge or reason to believe that the item, equipment, vehicle or

property was being operated for the purpose charged.

I. In the event of such proof, the court shall order the item,

equipment, vehicle or property released to the bona fide or innocent

owner, lien holder, mortgagee or vendor if the amount due such
and that

the right, title or interest of the claimant was created without any

knowledge or reason to believe that the item, equipment, vehicle or

property was being operated for the purpose charged.

I. In the event of such proof, the court shall order the item,

equipment, vehicle or property released to the bona fide or innocent

owner, lien holder, mortgagee or vendor if the amount due such

person is equal to, or in excess of, the value of the item,

equipment, vehicle or property as of the date of the seizure. It is

the intention of this section to forfeit only the right, title or

interest of the purchaser.

J. If the amount due to such person is less than the value of

the item, equipment, vehicle or property or if no bona fide claim is

established, the item, equipment, vehicle or property shall be

forfeited to the state and the item, equipment, vehicle or property

shall be sold under judgment of the court, as on sale upon

execution, except as otherwise provided for in subsection M of this

section.

K. Property taken or detained pursuant to this section shall

not be repleviable, but shall be deemed to be in the custody of the

office of the district attorney of the county wherein the property

was seized, subject only to the orders and decrees of the court or

the official having jurisdiction thereof.

L. The proceeds of the sale of any such item, equipment,

vehicle or property pursuant to the provisions of this section shall

be distributed as follows, in the order indicated:

1. To the bona fide or innocent purchaser, conditional sales

vendor or mortgagee of the item, equipment, vehicle or property, if

any, up to the amount of the interest of such person in the item,

equipment, vehicle or property, when the court declaring the

forfeiture orders a distribution to such person;

Oklahoma Statutes - Title 29. Game and Fish Page 143

2. To the payment of the actual expenses of preserving the

property; and

3. The balance to be apportioned, one-fourth (1/4) to the

Department of Wildlife Conservation and three-fourths (3/4) to the

district court in which such proceedings were brought.

M. Whenever any item, equipment, vehicle or property is

forfeited under this section and there is no innocent claimant

thereof, the district court of jurisdiction may order that the item,

equipment, vehicle or property seized may be retained by the

Department of Wildlife Conservation for its official use.

N. If the court finds that the item, equipment, vehicle or

property was not used in a violation of any provision specified by

subsection A of this section, the court shall order the item,

equipment, vehicle or property released to the owner as the right,

title or interest of the owner appears on record in the Tax

Commission as of the seizure.