Title 43 — PROPERTY
57 chapters · 841 sections in this title.
SDCL § 43-30A-1 "Mineral interest" defined
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In this chapter, unless context otherwise requires, the term, "mineral interest," includes any interest in oil, gas, coal, clay, gravel, uranium, and all other minerals of any kind and nature, whether created by grant, assignment, exception, reservation, or otherwise, owned by a …
SDCL § 43-30A-10 Water rights unaffected
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The enactment of this chapter shall not be construed as creating any right to water or the use thereof nor as affecting any existing legislation with respect to water or water rights, except as expressly may be provided herein, nor shall anything herein contained affect or be con…
SDCL § 43-30A-2 Abandonment by nonuse--Title vests in surface owner
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A mineral interest is abandoned if it has not been used for a period of twenty-three years or more. Title to an abandoned mineral interest vests in the owner of the surface estate in the land in, or under, which the mineral interest is located on the date of abandonment. Source: …
SDCL § 43-30A-3 Acts constituting use of interest
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A mineral interest is used if: (1) Minerals are produced by or with the express permission of the record owner of the mineral interest; (2) Operations are conducted for injection, withdrawal, storage, or disposal of water, gas, or other fluid substances to produce or enhance the …
SDCL § 43-30A-4 Statement of claim--Recording--Contents--Effect
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A statement of claim shall: (1) Be recorded for the record owner of the mineral interest prior to the end of the twenty-three-year period set forth in §
SDCL § 43-30A-5 Circumstances in which failure to record statement does not cause abandonment
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Failure to record the statement of claim within the time period provided in § 43-30A-4 does not cause a mineral interest to be abandoned if the record owner of the mineral interest records a statement of claim pursuant to § 43-30A-4 within sixty days after completion of the publi…
SDCL § 43-30A-6 Notice by surface owner--Contents--Proof of publication and mailing
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In order to succeed to the ownership of an abandoned mineral interest, a surface owner shall give notice of the lapse of the mineral interest by publication. The publication shall be made once each week for three weeks in the official newspaper of the county in which the mineral …
SDCL § 43-30A-7 Waiver of provisions
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The provisions of this chapter may not be waived until the expiration of the twenty - three - year period provided in §
SDCL § 43-30A-8 Government owned interests exempt
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This chapter does not apply to any mineral interest owned by any governmental body or agency thereof. Source: SL 1985, ch 338 , § 8.
SDCL § 43-30A-9 Prospective and retrospective application
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This chapter is both prospective and retrospective in its application. Source: SL 1985, ch 338 , § 9.