South Dakota statute
SDCL § 23A-49-1 — Real property subject to forfeiture for crime listed in chapter 34-20B or 22-24A
Current through text effective June 30, 2026 (through the 2025 Regular Session)
Part of Chapter 49: Civil Forfeiture For Crime, South Dakota Codified Laws.
Full text of SDCL § 23A-49-1
Statutory text current through the text effective June 30, 2026 (through the 2025 Regular Session). This publication reproduces the official statutory text; it is not the official statutes of the State of South Dakota.
All real property, including any right, title, and interest in the whole of any platted lot or tract of land which is measured in three hundred twenty acre increments, or all of any smaller amount and any appurtenances or improvements, which is used, or intended to be used, in any manner or part, to commit or to facilitate the commission of a violation of any crime listed in chapter 34-20B or 22-24A, is subject to forfeiture under this section. Forfeiture under this chapter of real property encumbered by a bona fide security interest is subject to the interest of the secured party unless the secured party had actual knowledge of the act upon which the forfeiture is based. Notice of forfeiture proceedings shall be given each owner or secured party whose right, title, or interest is of record, at the time of the seizure, with the secretary of state or the register of deeds in the county where the real property is located. A person claiming a security interest bears the burden of establishing that interest by a preponderance of the evidence. No real property may be forfeited under the provisions of this chapter by reason of any act committed by a person other than an owner of the property unless that owner had actual knowledge that the real property was used or intended for use in any of the manners set forth in the chapters listed in § 23A-49-20.
Official sources
Legal terms used in this section
This reference is informational and is not legal advice.