Section 34-20B-84 - Summons and complaint for forfeiture of property filed by attorneygeneral--Contents of complaint--Notice. - South-dakota Statutes

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34-20B-84. Summons and complaint for forfeiture of property filed by attorney general--Contents of complaint--Notice. When property described in subdivisions 34-20B-70(2), (3), (5), (6), and (7) is seized, the attorney general shall file a summons and complaint for forfeiture of such property in circuit court for the county in which such property was seized or is being held. The proceedings shall be brought in the name of the state. The complaint shall describe the property, state its location, state its present custodian, state the name of each owner if known, state the name of each party in interest if known or of legal record, allege the essential elements of the violation which is claimed to exist, and shall conclude with a prayer to enforce the forfeiture. Notice of forfeiture proceedings shall be given each known owner and known party in interest by serving a copy of the summons and complaint in accordance with § 34-20B-85. The procedure governing such proceedings, except as herein provided, shall be the same as that prescribed for civil proceedings by chapter 15-6.

Source: SL 1977, ch 317, § 7; SL 1982, ch 262, § 5; SL 1985, ch 279, § 2.

State Codes and Statutes

Statutes > South-dakota > Title-34 > Chapter-20b > Statute-34-20b-84

34-20B-84. Summons and complaint for forfeiture of property filed by attorney general--Contents of complaint--Notice. When property described in subdivisions 34-20B-70(2), (3), (5), (6), and (7) is seized, the attorney general shall file a summons and complaint for forfeiture of such property in circuit court for the county in which such property was seized or is being held. The proceedings shall be brought in the name of the state. The complaint shall describe the property, state its location, state its present custodian, state the name of each owner if known, state the name of each party in interest if known or of legal record, allege the essential elements of the violation which is claimed to exist, and shall conclude with a prayer to enforce the forfeiture. Notice of forfeiture proceedings shall be given each known owner and known party in interest by serving a copy of the summons and complaint in accordance with § 34-20B-85. The procedure governing such proceedings, except as herein provided, shall be the same as that prescribed for civil proceedings by chapter 15-6.

Source: SL 1977, ch 317, § 7; SL 1982, ch 262, § 5; SL 1985, ch 279, § 2.

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Statutes > South-dakota > Title-34 > Chapter-20b > Statute-34-20b-84

34-20B-84. Summons and complaint for forfeiture of property filed by attorney general--Contents of complaint--Notice. When property described in subdivisions 34-20B-70(2), (3), (5), (6), and (7) is seized, the attorney general shall file a summons and complaint for forfeiture of such property in circuit court for the county in which such property was seized or is being held. The proceedings shall be brought in the name of the state. The complaint shall describe the property, state its location, state its present custodian, state the name of each owner if known, state the name of each party in interest if known or of legal record, allege the essential elements of the violation which is claimed to exist, and shall conclude with a prayer to enforce the forfeiture. Notice of forfeiture proceedings shall be given each known owner and known party in interest by serving a copy of the summons and complaint in accordance with § 34-20B-85. The procedure governing such proceedings, except as herein provided, shall be the same as that prescribed for civil proceedings by chapter 15-6.

Source: SL 1977, ch 317, § 7; SL 1982, ch 262, § 5; SL 1985, ch 279, § 2.