1.  Except as provided in subsection 3, the State Forester Firewarden, or the State Forester Firewarden’s duly authorized agent, officials of the United States Forest Service or of the Bureau of Land Management, and peace officers are hereby authorized to confiscate Christmas trees, cacti or yucca which are removed or possessed in a manner not authorized by law. Plants which are confiscated shall be sold to the highest bidder therefor, by the sheriff of the county wherein the plants were confiscated. The sale shall be held by the sheriff in a like manner as on an execution.

Ask a business law question, get an answer ASAP!
Thousands of highly rated, verified business lawyers.
Click here to chat with a lawyer about your rights.

2.  If it is determined that the plants originated on privately owned lands, the owner thereof shall be notified of the sale, and the proceeds of the sale, after deducting the costs thereof, shall be paid over to the owner.

3.  If the owner of the lands cannot be determined, or if the plants originated on state lands, the State Forester Firewarden may dispose of the plants without selling them to the highest bidder. If the plants are sold, the net proceeds of sale shall be deposited in the State General Fund.

4.  If the plants originated on land owned by the Government of the United States, the net proceeds shall be paid over to the federal agency administering the lands.