Timber Theft Equipment Condemnation.

Ala. Code tit. 9, ch. 13, art. 9

in effect

Ala. Code § 9-13-220 Short Title.

9-13-220. Short Title. This article shall be known as the Timber Theft Equipment Condemnation Act. (Acts 1987, No. 87-711, §1.)

Ala. Code § 9-13-221 Seizure and Disposition of Vehicle and Equipment Upon Arrest for Certain Criminal Violations.

9-13-221. Seizure and Disposition of Vehicle and Equipment Upon Arrest for Certain Criminal Violations. (a) It shall be the duty of any sheriff, police officer, or other peace officer or law enforcement officer in the State of Alabama who is arresting any person charged with violating or attempting to violate Section 9-13-60 or any felony laws of the State of Alabama involving timber or forest products or transactions pertaining thereto, to seize any vehicle and equipment that is used and that is in the possession or under control of the person or persons charged with violating the laws, and to deliver the seized vehicle and equipment, to the State Forester or his or her designee. The person receiving any vehicle and equipment from the arresting officer shall keep the vehicle and equipment in a safe place and in as good condition as when received, until disposed of. (b) The seizure of vehicles and equipment provided in this section is authorized only when the arrest is for a crime involving the theft of timber harvesting equipment or the parts thereof, the harvesting, removal, transportation, or disposal of any forest products, or any other transactions related to forest products or timber harvesting equipment or any part or parts from timber harvesting equipment. (Acts 1987, No. 87-711, §2; Act 2010-541, p. 941, §1; Act 2026-402, §1.)

Ala. Code § 9-13-222 Report of Seizure to District Attorney.

9-13-222. Report of Seizure to District Attorney. Within five days after the arrest or final conviction of any person for violating Section 9-13-60 or any felony laws described in Section 9-13-221, the person who seizes any vehicle and equipment, as required by Section 9-13-221, shall report the seizure and detention of the vehicle and equipment to the district attorney or other prosecuting official, giving a full description of the vehicle and equipment, any identification number, make and model, the name of the person in whose possession the vehicle or equipment was found when seized, the person, if any, making claim to the vehicle or equipment or any interest in the vehicle or equipment if the name can be ascertained or is known, the date and place of the seizure, and a statement of the circumstances surrounding the seizing of the property. (Acts 1987, No. 87-711, §3; Act 2010-541, p. 941, §1; Act 2026-402, §1.)

Ala. Code § 9-13-224 Notice to Creditors; Institution of Condemnation Proceedings; Legal Title to Equipment.

9-13-224. Notice to Creditors; Institution of Condemnation Proceedings; Legal Title to Equipment. At least 60 days prior to the institution of condemnation proceedings as herein provided, notice shall be given by the court to any creditor who is known to have a secured interest, a judgment, lien or other interest in any vehicle or equipment seized pursuant to this article. Such creditors may claim their property during said 60-day period. Thereafter, the district attorney or other prosecuting officer of the judicial circuit upon receiving such report shall at once institute, or cause to be instituted, condemnation proceedings in the circuit court, in the same manner that he is directed by law to institute proceedings for the condemnation and forfeiture of automobiles and other vehicles used in the illegal transportation of alcoholic beverages. The legal title to any vehicle and other equipment seized under this article shall be presumed to be vested with the person, firm, or corporation that last purchased a vehicle tag for said vehicle or equipment. (Acts 1987, No. 87-711, §5.)

Ala. Code § 9-13-225 Forfeiture of Vehicle and Equipment Upon Judgment; Costs of Proceedings; Recordkeeping.

9-13-225. Forfeiture of Vehicle and Equipment Upon Judgment; Costs of Proceedings; Recordkeeping. (a) When any judgment of condemnation or forfeiture is made in any case filed under this section, the judge making the judgment shall order and direct that the seized vehicle and equipment be forfeited or awarded to the State Forester to be used by the Alabama Forestry Commission or sold pursuant to Section 9-3-22. (b) If no appeal is taken within 15 days after the order is made, the order shall be carried out and executed. The court, at its discretion, shall direct that the cost of the proceedings be paid by the person or persons in whose possession the vehicle and equipment were found when seized, or by any party or parties that claim to own the vehicle and equipment, or any interest therein, and who contested the condemnation and forfeiture. The State Forester shall keep a permanent record of all vehicles and equipment forfeited and awarded to the State Forester, and the vehicles and equipment shall be accounted for as other public property. (Acts 1987, No. 87-711, §6; Act 2026-402, §1.)

Ala. Code § 9-13-227 Provisions Cumulative.

9-13-227. Provisions Cumulative. The provisions of this article are cumulative and should not be construed to repeal or supersede any laws not directly inconsistent herewith; provided, however, those laws or parts of law which are in direct conflict are specifically repealed only to the extent that there is such conflict. (Acts 1987, No. 87-711, §8.)

Source: Alabama Legislature (alison.legislature.state.al.us)URL: https://alison.legislature.state.al.us/code-of-alabamaFetched: 10/20/2026