(225 ILCS 740/14)
Sec. 14.
Any timber, forestry, or wood cutting device or equipment,
including
vehicles and
conveyances used or operated in violation of this Act or rules adopted under
this Act or attempted to be
used in violation of this Act or rules adopted under this Act shall be deemed a
public nuisance and
subject to seizure and confiscation by any authorized employee of the
Department. Upon the seizure of
such an item the Department shall take and hold the item until disposed of as
provided in this Section.
Upon the seizure of any property pursuant to this Section, the authorized
employee of the
Department making the 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
the property and the owner and person in possession of the property to appear
in court and show cause
why the seized property should not be forfeited to the State. Upon the return
of the summons duly
served or other notice as provided in this Section, 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 the property
was illegally used, an order may be entered providing for the forfeiture of the
seized property to the
Department, which shall thereupon become the property of the Department.
However, the owner of the
property may have a jury determine the illegality of its use and shall have the
right of an appeal as in
other cases. Such a 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 the property
was abandoned, lost, 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 a court order 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 that person
provides reasonable and
satisfactory proof of his or her 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
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 the
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 after 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 that is the subject of such a court
order shall not be disposed of
pending appeal of the order. The proceeds of the sale at auction shall be
deposited in the Illinois
Forestry Development Fund.
The Department shall pay all costs of notices required by this Section.
(Source: P.A. 92-805, eff. 8-21-02.)
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