SDCL § 38-18-3.4: Abandoned apiary--Destruction, treatment or seizure of bees and equipment.

The failure to file an application registering an apiary pursuant to § 38-18-3, or the failure to identify a location pursuant to § 38-18-3.3, constitutes abandonment of the apiary. If the abandoned bees and bee equipment are found to be infested with a regulated pest, the secretary shall immediately treat or destroy the apiary. If the apiary is not infested with a regulated pest, the secretary may, upon finding in a contested case proceeding conducted pursuant to chapter 1-26 that there is no justifiable excuse for failure to comply with § 38-18-3 or 38-18-3.3, claim and seize the abandoned bees and bee equipment for use or sale.