23A-49-14. Procedure in forfeiture proceedings involving property other than real property or conveyances.
If property described in subdivisions 34-20B-70(2), (3), (5), (6), and (7) or 22-24A-15(2), (3), (5), (6), and (7) is seized, the attorney general shall file a summons and complaint for forfeiture of the property in circuit court for the county in which the property was seized or is being held. The proceedings shall be brought in the name of the state. The complaint shall describe the property, and state the property's location, the property's present custodian, the name of each owner if known, the name of each party in interest if known or of legal record, and allege the essential elements of the violation that is claimed to exist. The complaint shall conclude with a prayer to enforce the forfeiture. Notice of a forfeiture proceeding shall be given to each known owner and known party in interest by serving a copy of the summons and complaint in accordance with §23A-49-15. The procedure governing the proceedings, except as provided in this section, shall be the same as that prescribed for civil proceedings by chapter 15-6.
Source: SL 2016, ch 138, §14.
Structure South Dakota Codified Laws
Title 23A - Criminal Procedure
Chapter 49 - Civil Forfeiture For Crime
Section 23A-49-1 - Real property subject to forfeiture for crime listed in chapter 34-20B or 22-24A.
Section 23A-49-2 - Conveyance used in common carrier business not subject to forfeiture--Exception.
Section 23A-49-3 - Stolen and leased conveyances not subject to forfeiture--Exception.
Section 23A-49-6 - Victim protected against forfeiture by victim immunity.
Section 23A-49-7 - Seizure of property by court process.
Section 23A-49-8 - Seizure of property without court process.
Section 23A-49-9 - Time for instituting proceedings.
Section 23A-49-10 - Seized property subject only to order of court or official.
Section 23A-49-11 - Attorney general action with respect to seized property.
Section 23A-49-12 - Property subject to security interest--Action by attorney general.
Section 23A-49-13 - Civil action--Standard of proof.
Section 23A-49-15 - Procedure in forfeiture proceedings involving real property or conveyances.
Section 23A-49-16 - Service of process by mail where person released on bail.
Section 23A-49-17 - Answer by party in interest.
Section 23A-49-18 - Disposition of property by court where no appearance made.
Section 23A-49-19 - Trial--Disposition of property by court.
Section 23A-49-20 - Attorney general's disposition of forfeited property.
Section 23A-49-21 - Seized property--Written report--Contents.
Section 23A-49-22 - Seized property--Searchable website or spreadsheet.
Section 23A-49-23 - Seized property--Information to be public.
Section 23A-49-24 - Seized property--Fees and costs recouped.