Section 34-20B-85 - Procedure for forfeiture--Contents of complaint--Notice to owners andlienholders of record. - South-dakota Statutes

State Codes and Statutes

Statutes > South-dakota > Title-34 > Chapter-20b > Statute-34-20b-85

34-20B-85. Procedure for forfeiture--Contents of complaint--Notice to owners and lienholders of record. If property described in subdivision 34-20B-70(4) and § 34-20B-70.1 is seized, the attorney general shall file a summons and complaint for forfeiture of such property in circuit court of 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, its present custodian, the name of each owner if known, and 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. The procedure governing the proceedings, except as herein provided, shall be the same as that prescribed for civil proceedings by chapter 15-6. Notice of forfeiture proceedings shall be given each owner and party in interest whose right, title or interest is of record as provided in § 34-20B-70.1 or in the Department of Revenue and Regulation or the Division of Aeronautics or a similar department of another state if the records are maintained in that state by serving a copy of the summons and complaint upon each known owner and known party in interest in accordance with Title 15.

Source: SL 1977, ch 317, § 8; SL 1985, ch 279, § 3; SL 1989, ch 294, § 4; SL 2003, ch 272, §§ 20, 121.

State Codes and Statutes

Statutes > South-dakota > Title-34 > Chapter-20b > Statute-34-20b-85

34-20B-85. Procedure for forfeiture--Contents of complaint--Notice to owners and lienholders of record. If property described in subdivision 34-20B-70(4) and § 34-20B-70.1 is seized, the attorney general shall file a summons and complaint for forfeiture of such property in circuit court of 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, its present custodian, the name of each owner if known, and 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. The procedure governing the proceedings, except as herein provided, shall be the same as that prescribed for civil proceedings by chapter 15-6. Notice of forfeiture proceedings shall be given each owner and party in interest whose right, title or interest is of record as provided in § 34-20B-70.1 or in the Department of Revenue and Regulation or the Division of Aeronautics or a similar department of another state if the records are maintained in that state by serving a copy of the summons and complaint upon each known owner and known party in interest in accordance with Title 15.

Source: SL 1977, ch 317, § 8; SL 1985, ch 279, § 3; SL 1989, ch 294, § 4; SL 2003, ch 272, §§ 20, 121.

State Codes and Statutes

Back To Homepage

State Codes and Statutes

Statutes > South-dakota > Title-34 > Chapter-20b > Statute-34-20b-85

34-20B-85. Procedure for forfeiture--Contents of complaint--Notice to owners and lienholders of record. If property described in subdivision 34-20B-70(4) and § 34-20B-70.1 is seized, the attorney general shall file a summons and complaint for forfeiture of such property in circuit court of 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, its present custodian, the name of each owner if known, and 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. The procedure governing the proceedings, except as herein provided, shall be the same as that prescribed for civil proceedings by chapter 15-6. Notice of forfeiture proceedings shall be given each owner and party in interest whose right, title or interest is of record as provided in § 34-20B-70.1 or in the Department of Revenue and Regulation or the Division of Aeronautics or a similar department of another state if the records are maintained in that state by serving a copy of the summons and complaint upon each known owner and known party in interest in accordance with Title 15.

Source: SL 1977, ch 317, § 8; SL 1985, ch 279, § 3; SL 1989, ch 294, § 4; SL 2003, ch 272, §§ 20, 121.