Section 35-10-12 - Application by officer for judicial determination as to beverages--Notice of timeand place of hearing. - South Dakota Statutes

35-10-12. Application by officer for judicial determination as to beverages--Notice of time and place of hearing. If there is no dismissal of prosecution or no judgment of conviction of illegal use or possession of alcoholic beverages, any officer seizing the beverages may apply to the court that issued the search warrant under which the beverages were seized, or if the beverages were not seized under a search warrant, to any court of record for the county where the beverages were seized, for an order determining whether the beverages were, in fact, possessed or used in violation of the provisions of this title. The court shall thereupon make an order fixing a time and place for hearing and providing for reasonable notice of the hearing to the person from whom the beverages were seized and to any probable claimant of the beverages. If the person or claimant is unknown, the notice may be by posting or publication as the court directs.

Source: SDC 1939, § 5.0122; SL 2008, ch 37, § 197.