32-4-10.2. Forfeiture proceeding--Time of hearing--Standard and burden of proof--Release to owner on condition of obtaining identification number.
A forfeiture proceeding as provided in §32-4-10.1, shall be set for hearing within sixty days from the date of filing the verified answer. At the hearing, the state shall establish by a preponderance of the evidence that the original manufacturer's vehicle identification number or serial number on the motor vehicle, trailer, or component part has been removed, defaced, altered, obscured, or destroyed and that such vehicle or component part had no identification number attached to it as described in §32-4-10. If the court finds that the state has met this burden, it shall order the motor vehicle, trailer or component part forfeited. If the court finds that the property is not subject to forfeiture, it shall order the property released to the owner, party in interest or claimant, as his right, title, or interest appears on the condition that such person obtain an identification number from the Department of Revenue under the provisions of §32-3-22.
Source: SL 1988, ch 239, §3; SL 2004, ch 17, §50; SL 2011, ch 1 (Ex. Ord. 11-1), §161, eff. Apr. 12, 2011.
Structure South Dakota Codified Laws
Chapter 04 - Theft And Misappropriation Of Vehicles
Section 32-4-1 - Duty of law officers to report stolen or recovered vehicles--Holding vehicles.
Section 32-4-4 - Unauthorized tampering with motor vehicle--Misdemeanor.
Section 32-4-8 - Certificate forms--Unauthorized possession prohibited--Violation as felony.
Section 32-4-12 - Impounding vehicle or part believed stolen--Disposition.
Section 32-4-13 - Trafficking in stolen vehicles or parts--Felony.
Section 32-4-14 - Seizure of property on arrest for trafficking--Forfeiture.
Section 32-4-15 - Disposition of forfeited property.
Section 32-4-16 - Giving false information concerning vehicle registration or titling as felony.