§ 57-32. Forfeiture.

A. 

Should the defendant be found guilty in any prosecution, civil or criminal, of a violation of any provision of this chapter, the defendant's interest in any and all shellfish rakes, tongs, dredges or devices, other than a boat or vehicle, taken or used for the purpose of taking shellfish in violation of such provision shall be forfeited to the Town. Unless a claim of ownership of such device shall be made to the Town by some other person within 30 days thereafter and shall be established by order of a court or to the satisfaction of the Town, such device shall be disposed of as the Town shall direct.

B. 

Claim of ownership.

(1) 

For the purposes of this section, a "claim of ownership" shall mean any lawful interest, including a part interest or security interest.

(2) 

A claim of ownership shall not prevent vesting or revesting ownership and right of possession in the Town pursuant to Subsection A of this section unless the person establishing it either establishes a right of ownership exclusive of any interest of the defendant or shall purchase or redeem from the Town any interest of the defendant by payment to the Town of the value thereof, together with the reasonable expenses of safekeeping of such property between the time of seizure and such redemption. Establishment of a claim of ownership shall not, in any event, prevent such revesting in the Town if the Town shall establish that the illegal use or possession of which the defendant is held liable or found guilty was expressly or impliedly permitted by the person establishing the claim of ownership.

(3) 

Establishment of a claim of ownership consisting of a part ownership or a security interest shall not entitle the person establishing it to delivery of property as to which the interest of the defendant is declared confiscated or forfeited as provided in Subsection A of this section unless the person establishing it shall redeem any interest of the defendant by payment to the Town of the value thereof, together with the reasonable expenses of safekeeping of such property between the time of seizure and such redemption. Establishment of a claim of ownership shall not, in any event, entitle the person establishing it to delivery of the property if the Town shall establish that the illegal use or possession of such property in the manner or for the purposes or in the circumstances making such use or possession illegal was expressly or impliedly permitted by the person establishing such claim of ownership.

(4) 

Where a person establishing a claim of ownership is required to purchase or redeem any interest of the defendant in a civil or criminal prosecution in order to be entitled to delivery of property in which such claim of ownership is established, such interest of the defendant must be so purchased or redeemed not less than 10 days after the price of purchase or redemption shall have been fixed by order of the court or agreed to between the person whose claim is so established and the Town. If a person establishing a claim of ownership shall fail to purchase or redeem the interest of the defendant within the time provided in this subsection or such longer time as may be provided by order of the court or agreement of the Town, he shall be deemed to have abandoned his claim of ownership, and the property may be disposed of as if no such claim had been asserted.

(5) 

A person asserting a claim of ownership as provided in this section shall have the burden of proof.

(6) 

In any action or proceeding in which any person asserts a claim of ownership with respect to property in which the interest of the defendant is declared confiscated and forfeited as provided in Subsection A of this section, the testimony of such person or of the defendant in the civil or criminal prosecution, or of both, shall not be deemed sufficient to establish his claim unless corroborated by documentary evidence or by testimony of some other person not interested in the event.