Merchants Bank v. State, Wildlife Resources Agency

MATHERNE, Judge.

The issue at bar is the constitutionality of T.C.A. § 51-709, which purports to extend to owners and others who have an interest in property seized as contraband under the Fish, Game and Wildlife Resources Statutes the right to assert their interests in the seized property.

I

Officers of the Wildlife Resources Agency seized a 1976 Dodge Van owned by Gene Edward Vest, which was being used to transport a female deer in violation of T.C.A. § 51-425. Merchants Bank had a perfected security interest in the vehicle upon which there was a balance owing of $2,259.50.

After an…