The surface owner, and surface lessee, if any, may seek actual and punitive damages in the court of proper jurisdiction if the mineral developer fails to provide the notice required by § 45-5A-5 or the notice required by §
Damages for failure to provide notice
SDCL § 45-5A-5.2 — under COMPENSATION FOR DAMAGES FROM MINING, OIL AND GAS DEVELOPMENT.
SDCL § 45-5A-5.2