(225 ILCS 735/16) (from Ch. 111, par. 716)
Sec. 16. Forfeiture and seizure. Any timber, forestry, or wood cutting device or equipment,
including vehicles and conveyances used or operated in violation of this
Act, including administrative rules, or attempted to be used in violation
of this Act or administrative rules shall be deemed a public nuisance and
subject to the seizure and confiscation by any authorized employee of the
Department; upon the seizure of such item the Department shall take and
hold the same until disposed of as hereinafter provided.
Upon the seizure of any property as herein provided, the authorized
employee of the Department making such seizure shall forthwith cause a
complaint to be filed before the Circuit Court and a summons to be issued
requiring the person who illegally used or operated
or attempted to use or operate such property and the owner and
person in possession of such property to appear in court and show cause why
the property seized should not be forfeited to the State. Upon the return
of the summons duly served or other notice as herein provided, the court
shall proceed to determine the question of the illegality
of the use of the seized property and upon judgment being entered to the
effect that such property was illegally used, an order may be entered
providing for the forfeiture of such seized property to the Department and
shall thereupon become the property of the Department; but the owner of
such property may have a jury determine the illegality of its use, and
shall have the right of an appeal, as in other cases. Such confiscation or
forfeiture shall not preclude or mitigate against prosecution and
assessment of penalties otherwise provided in this Act.
Upon seizure of any property under circumstances supporting a reasonable
belief that such property was abandoned, lost, or stolen or otherwise
illegally possessed or used contrary to the provisions of this Act, except
property seized during a search or arrest, and ultimately returned,
destroyed, or otherwise disposed of pursuant to order of a court in
accordance with this Act, the authorized employee of the Department shall
make reasonable inquiry and efforts to identify and notify the owner or
other person entitled to possession thereof, and shall return the property
after such person provides reasonable and satisfactory proof of his
ownership or right to possession and reimburses the Department for all
reasonable expenses of such custody. If the identity or location of the
owner or other person entitled to possession of the property has not been
ascertained within 6 months after the Department obtains such possession,
the Department shall effectuate the sale of the property for cash to the
highest bidder at a public auction. The owner or other person entitled to
possession of such property may claim and recover possession of the
property at any time before its sale at public auction, upon providing
reasonable and satisfactory proof of ownership or right of possession and
reimbursing the Department for all reasonable expenses of custody thereof.
Any property forfeited to the State by court order pursuant to this
Section may be disposed of by public auction, except that any property
which is the subject of such a court order shall not be disposed of pending
appeal of the order. The proceeds of the sales at auction shall be
deposited in the Illinois Forestry Development Fund.
The Department shall pay all costs of notices required by this Section. Property seized or forfeited under this Section is subject to reporting under Section 5 of the Seizure and Forfeiture Reporting Act.
(Source: P.A. 103-218, eff. 1-1-24.)
|