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When They Take Your Property

SDCL § 34-20B-70 — what may be forfeited, an owner who did not know, and proceedings within sixty days

  • Controlled substances and marijuana held in violation of the law.
  • Vehicles used to distribute, or to possess with intent to distribute, marijuana over a half pound or any amount of another controlled substance.
  • Money used to buy or sell a controlled substance in an amount for distribution and not personal use.
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Those are among what is subject to forfeiture.

The owner who did not know. To the extent of an owner's interest, property is not forfeited for an act the owner shows was done without their knowledge or consent.

  • SDCL § 23A-49-5

After a seizure, the attorney general institutes the forfeiture proceedings within sixty days.

  • SDCL § 23A-49-9

Forfeiture is a court case of its own. A particular seizure is a question for a licensed South Dakota attorney.

Sources for this section (3)
  1. SDCL § 34-20B-70 — Property subject to forfeiture
  2. SDCL § 23A-49-5 — Item not subject to forfeiture for act or omission without owner's knowledge or consent
  3. SDCL § 23A-49-9 — Time for instituting proceedings

Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed South Dakota attorney.

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