Section 34-20B-88 - Trial of contested forfeiture--Order releasing or forfeiting property. - South-dakota Statutes

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34-20B-88. Trial of contested forfeiture--Order releasing or forfeiting property. If a verified answer is filed, the forfeiture proceedings shall be set for a trial on a day not more than sixty days from the date of the filing. Any party may demand a trial by jury for the forfeiture proceedings pursuant to subsection 15-6-38(b). At the trial, the state shall establish probable cause for instituting the forfeiture action following which any owner, party in interest, or claimant who has filed a verified answer has the burden of proving that the property seized is not subject to forfeiture under this chapter. If the court or a jury finds that the property is not subject to forfeiture under this chapter, the court shall order the property released to the owner, party in interest, or claimant according to such person's right, title, or interest. The court shall order the property forfeited if the court or a jury determines that such property was subject to forfeiture.

Source: SL 1977, ch 317, § 11; SL 1985, ch 279, § 4; SL 2008, ch 173, § 1.

State Codes and Statutes

Statutes > South-dakota > Title-34 > Chapter-20b > Statute-34-20b-88

34-20B-88. Trial of contested forfeiture--Order releasing or forfeiting property. If a verified answer is filed, the forfeiture proceedings shall be set for a trial on a day not more than sixty days from the date of the filing. Any party may demand a trial by jury for the forfeiture proceedings pursuant to subsection 15-6-38(b). At the trial, the state shall establish probable cause for instituting the forfeiture action following which any owner, party in interest, or claimant who has filed a verified answer has the burden of proving that the property seized is not subject to forfeiture under this chapter. If the court or a jury finds that the property is not subject to forfeiture under this chapter, the court shall order the property released to the owner, party in interest, or claimant according to such person's right, title, or interest. The court shall order the property forfeited if the court or a jury determines that such property was subject to forfeiture.

Source: SL 1977, ch 317, § 11; SL 1985, ch 279, § 4; SL 2008, ch 173, § 1.

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Statutes > South-dakota > Title-34 > Chapter-20b > Statute-34-20b-88

34-20B-88. Trial of contested forfeiture--Order releasing or forfeiting property. If a verified answer is filed, the forfeiture proceedings shall be set for a trial on a day not more than sixty days from the date of the filing. Any party may demand a trial by jury for the forfeiture proceedings pursuant to subsection 15-6-38(b). At the trial, the state shall establish probable cause for instituting the forfeiture action following which any owner, party in interest, or claimant who has filed a verified answer has the burden of proving that the property seized is not subject to forfeiture under this chapter. If the court or a jury finds that the property is not subject to forfeiture under this chapter, the court shall order the property released to the owner, party in interest, or claimant according to such person's right, title, or interest. The court shall order the property forfeited if the court or a jury determines that such property was subject to forfeiture.

Source: SL 1977, ch 317, § 11; SL 1985, ch 279, § 4; SL 2008, ch 173, § 1.