See State v. One 1983 Black Toyota Pickup, 415 N.W.2d 511, 513 n. * (S.D. 1987). The United States Supreme Court has recently reviewed the federal civil forfeiture statutes in light of similar double jeopardy claims in United States v. Ursery, 518 U.S. ___, 116 S.Ct. 2135, 135 L.Ed.2d 549 (1996).
SDCL 34-20B-70. This Court has held that "[p]ossession, transportation or concealment of any amount of methamphetamine subjects the vehicle to forfeiture under SDCL 34-20B-70." State v. One 1983 Black Toyota Pickup, 415 N.W.2d 511, 513 (S.D. 1987). Moreover, forfeiture is not dependent upon a criminal conviction related to the substance.
See, e.g., State v. Crenshaw, 548 So.2d 223 (Fla. 1989) (statute provided that when felony contraband is possessed vehicle or other personal property where contraband is located is subject to forfeiture); State v. One 1983 Black Toyota Pickup, 415 N.W.2d 511 (S.D. 1987) (legislature amended statute to specifically allow forfeiture when drugs are possessed solely for personal use); Commonwealth v. One 1983 Toyota Corolla, 134 Pa.Cmwlth. 325, 578 A.2d 90 (Ct. 1990) (statute requires forfeiture of vehicle when drugs are possessed).