South Dakota § 32-4-10.2 - Forfeiture proceeding--Time of hearing--Standard and burden of proof--Release to owner on condition of obtaining identification number.
Full text of South Dakota South Dakota Codified Laws § 32-4-10.2 — Forfeiture proceeding--Time of hearing--Standard and burden of proof--Release to owner on condition of obtaining identification number., with citation guidance and answers to common questions.
§ 32-4-10.2. Forfeiture proceeding--Time of hearing--Standard and burden of proof--Release to owner on condition of obtaining identification number.
A forfeiture proceeding as provided in § 32-4-10.1, shall be set for hearing within sixty days from the date of filing the verified answer. At the hearing, the state shall establish by a preponderance of the evidence that the original manufacturer's vehicle identification number or serial number on the motor vehicle, trailer, or component part has been removed, defaced, altered, obscured, or destroyed and that such vehicle or component part had no identification number attached to it as described in § 32-4-10. If the court finds that the state has met this burden, it shall order the motor vehicle, trailer or component part forfeited. If the court finds that the property is not subject to forfeiture, it shall order the property released to the owner, party in interest or claimant, as his right, title, or interest appears on the condition that such person obtain an identification number from the Department of Revenue under the provisions of § 32-3-22.
Source: SL 1988, ch 239, § 3; SL 2004, ch 17, § 50; SL 2011, ch 1 (Ex. Ord. 11-1), § 161, eff. Apr. 12, 2011.
Source: official South Dakota text · Last verified 2026-08-27
Frequently Asked Questions About South Dakota § 32-4-10.2
What does South Dakota Codified Laws § 32-4-10.2 cover?
Section 32-4-10.2 ("Forfeiture proceeding--Time of hearing--Standard and burden of proof--Release to owner on condition of obtaining identification number.") is part of the South Dakota Codified Laws, the codified statutory law of South Dakota. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite South Dakota § 32-4-10.2?
A common citation format is "South Dakota Codified Laws § 32-4-10.2" (South Dakota). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of South Dakota law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the South Dakota official source linked on this page or consult a licensed South Dakota attorney.
How does South Dakota § 32-4-10.2 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in South Dakota can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in South Dakota.