South Dakota earns a D- for its civil forfeiture laws
Standard of Proof
Low bar to forfeit: Prosecutors must prove by preponderance of the evidence that property is connected to a crime.
Innocent Owner Burden
Poor protections for the innocent: Third-party owners must prove their own innocence to recover seized property.
Financial Incentive
Large profit incentive: 100% of forfeiture proceeds go to the attorney general’s drug control fund, from which they are distributed to police for drug enforcement efforts.
The letter grade reflects South Dakota’s forfeiture laws as of May 7, 2025. When we become aware of relevant reforms, we are updating the standard of proof, innocent owner burden, and financial incentive language above, but we are not updating the letter grade.
Note: Prosecutors need only meet their standard of proof—and owners can only prove their innocence—if owners make it to a judicial hearing. See flow chart.
Recent Reforms
Recommendations
What happens after personal property is seized in South Dakota?
Under South Dakota law, prosecutors’, owners’, and court deadlines leading to a judicial hearing add up to 270 days, but the wait may be longer as there is no deadline for providing notice of the complaint. While you wait, the government has your property, and you have no way to seek its return.
For research methods and limitations, see “How We Documented Civil Forfeiture Processes From Seizure to Hearing.”
State and Federal Forfeiture Proceeds, 2000–2023
At least $25 million in state and federal forfeiture revenue
| Year | South Dakota Forfeiture Revenues | Dept. of Justice Equitable Sharing Proceeds | Treasury Equitable Sharing Proceeds | Total |
|---|---|---|---|---|
| 2000 | Unknown | $9,583 | $0 | $9,583 |
| 2001 | $411,831 | $105,550 | $0 | $517,381 |
| 2002 | $687,090 | $53,130 | $0 | $740,220 |
| 2003 | $1,749,130 | $122,365 | $0 | $1,871,495 |
| 2004 | $1,130,057 | $22,928 | $1,000 | $1,153,985 |
| 2005 | $1,286,150 | $48,750 | $1,000 | $1,335,900 |
| 2006 | $1,807,310 | $36,143 | $0 | $1,843,453 |
| 2007 | $1,219,901 | $42,765 | $0 | $1,262,666 |
| 2008 | $620,295 | $6,784 | $0 | $627,079 |
| 2009 | $480,315 | $197,094 | $0 | $677,409 |
| 2010 | $535,239 | $54,005 | $0 | $589,244 |
| 2011 | $572,571 | $199,087 | $0 | $771,658 |
| 2012 | $2,241,744 | $104,692 | $0 | $2,346,436 |
| 2013 | $989,087 | $16,036 | $12,000 | $1,017,123 |
| 2014 | $1,689,102 | $561 | $42,000 | $1,731,663 |
| 2015 | $1,242,271 | $166,977 | $229,000 | $1,638,248 |
| 2016 | $1,300,954 | Unavailable | $80,000 | $1,380,954 |
| 2017 | $1,218,987 | $10,077 | $60,000 | $1,289,064 |
| 2018 | $1,588,466 | Unavailable | $14,000 | $1,602,466 |
| 2019 | Unknown | $2,423 | $49,000 | $51,423 |
| 2020 | $909,429 | $2,670 | $19,000 | $931,099 |
| 2021 | $821,770 | $6,022 | $26,000 | $853,792 |
| 2022 | $817,488 | $27,138 | $0 | $844,626 |
| 2023 | $695,553 | $136,375 | $74,000 | $905,928 |
| Totals | $24,014,740 | $1,371,155 | $607,000 | $25,992,895 |
All revenue figures include both civil and criminal forfeitures. Revenues are not adjusted for inflation.
Federal Equitable Sharing
South Dakota does not prevent state and local law enforcement agencies from using the federal equitable sharing program to circumvent state forfeiture law. Since 2000, South Dakota agencies have generated nearly $2 million in equitable sharing proceeds from the departments of Justice and the Treasury. And on average from 2019 to 2023, 11 South Dakota agencies, or an estimated 8% of all law enforcement agencies in the state, were certified for the program.
Forfeitures Under South Dakota Law: Key Facts
Median Value
$1,849
From 2020 to 2023, half of South Dakota’s currency forfeitures were worth less than $1,849.
Property Types
From 2020 to 2023, more than three-quarters of South Dakota’s forfeitures were solely of currency.
Default Judgments
From 2020 to 2023, more than three-quarters of South Dakota’s seizures were forfeited by default.
Seizure Location
From 2022 to 2023, nearly three-quarters of South Dakota’s seizures were initiated via a roadside stop.
Forfeiture Transparency and Accountability Report Card
Tracking Seized Property
B-Statewide Forfeiture Reports
APenalties for Failure to File a Report
FAccounting for Forfeiture Fund Spending
AAccessibility of Forfeiture Records
AFinancial Audits of Forfeiture Accounts
FFor full transparency and accountability grades, visit ij.org/TransparencyReportCards.
Data Notes
Forfeiture case data for 2021–2023 were downloaded from the state attorney general’s website, while data for earlier years were obtained via request from the AG. Revenues for 2020–2023 represent the value of property seized in a fiscal year and forfeited by the time of the report. Revenues for 2022–2023 and June 2016 and earlier include all types of property; those for 2020–2021 include only currency; and those for July 2016–2018 include only currency and vehicles. Data for 2019 appear substantially incomplete and therefore are not used for this report. Revenues for 2018 and earlier are based on calendar year. Equitable sharing data are from DOJ’s and Treasury’s annual forfeiture reports. Due to differences in reporting and accounting practices, figures may not match aggregate numbers produced by the state or cover the same 12-month period as the federal data. The number of certified agencies was computed using the approved Equitable Sharing Agreement and Certification requests submitted by police, sheriff, and other local law enforcement agencies. The percentage of certified agencies was computed using that number and the total number of agencies reported in the 2018 Census of State and Local Law Enforcement Agencies.
Legal Sources
Standard of proof: Preponderance of the evidence.
S.D. Codified Laws § 23A-49-13.
Innocent owner burden: Owner.
S.D. Codified Laws §§ 23A-49-4, -19.
Financial incentive: 100%. Forfeiture proceeds go to the attorney general’s “drug control fund” and are then distributed to law enforcement for drug enforcement efforts.
S.D. Codified Laws §§ 23A-49-20(2)(a), 34-20B-64.
Process: S.D. Codified Laws §§ 23A-49-1 et seq. (forfeiture procedure).