23A-37-10. Sale or transfer of unclaimed property.
If there is no claimant or if the right to possession of seized property cannot be determined after a reasonable period of time, the law enforcement agency collecting such property, through an order of the court, may:
(1)Transfer ownership of the property to any governmental agency having a legitimate need for such property; or
(2)Sell the property and deliver the proceeds of the sale to the appropriate finance officer of the city, county, or state employing such law enforcement agency.
Source: SDC 1939 & Supp 1960, §34.0604; SDCL, §23-16-4; SL 1978, ch 178, §470; SL 1982, ch 170, §§1 and 3; SL 2000, ch 113, §1.
Structure South Dakota Codified Laws
Title 23A - Criminal Procedure
Chapter 37 - Disposition Of Seized Property
Section 23A-37-1 - Property subject to chapter.
Section 23A-37-2 - Safekeeping of seized property.
Section 23A-37-3 - Transfer to another court of property required as evidence.
Section 23A-37-4 - Application for return of property to person with right to possession.
Section 23A-37-5 - Time of hearing on claim for return of seized property.
Section 23A-37-6 - Notice of hearing on disposition of seized property.
Section 23A-37-7 - Money restored to owner--Gambling money paid into county treasury.
Section 23A-37-8 - Conditions for release of seized property to owner.
Section 23A-37-10 - Sale or transfer of unclaimed property.
Section 23A-37-11 - Controlled substances exempt from chapter.
Section 23A-37-12 - Chapter supplemental--Disposition as directed by court.
Section 23A-37-13 - Controlled weapons and firearms disposal.
Section 23A-37-13.1 - Money from sale to be deposited in law enforcement officers training fund.
Section 23A-37-15 - Notice to defendant of return--Motion not to release.