Title 45 — MINING, OIL AND GAS
16 chapters · 387 sections in this title.
SDCL § 45-7-1 Discharge and cancellation of record of lease--Marginal entry on record
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Any oil and gas or mining lease that has been or may hereafter be recorded in the office of the register of deeds of any county may be discharged and canceled of record by an entry on the margin of the record thereof signed by the lease owner of record, or his duly authorized att…
SDCL § 45-7-2 Discharge and cancellation by endorsement on original lease--Entry on margin of record
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Any oil and gas or mining lease that has been or may hereafter be recorded in the office of the register of deeds of any county may be discharged and canceled by an endorsement made on the original lease signed by the lease owner or his duly authorized attorney in fact or persona…
SDCL § 45-7-3 Expiration or forfeiture of lease--Release of record
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When an oil, gas, or other mineral lease heretofore or hereafter given on lands situated in any county of South Dakota and recorded therein shall expire or become forfeited, it shall be the duty of the record owner of the lease, within fifteen days after the date of the forfeitur…
SDCL § 45-7-4 Demand for release--Service upon lease owner of record--Form
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If the record owner of the lease shall fail or neglect to execute and record such surrender within the time provided for, then the owner of said land or mineral rights may serve upon the lease owner of record in person, or by registered or certified letter mailed to his address a…
SDCL § 45-7-5 Affidavit as to demand for release--Filing with register of deeds
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The owner of said land or the owner of the mineral rights may then file with the register of deeds of the county where said land is situated, an affidavit setting forth that affiant is the owner of said land or mineral rights; that the lease has expired or become forfeited, recit…
SDCL § 45-7-6 Action by owner of lease to determine rights--Lis pendens notice--Affidavit as to demand for release not recorded
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If the owner of the lease shall, within the thirty - day period provided by the notice pursuant to § 45-7-4 , commence an action against the owner of said land or mineral rights to determine all rights under said lease and file for record a notice of pendency of said action, then…
SDCL § 45-7-7 Affidavit as to demand for release--Recording by register of deeds, effect
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If the lease owner shall not commence the action and file for record a notice of pendency of said action as provided in § 45-7-6 , then at the expiration of the said thirty - day period, the register of deeds shall record said affidavit and thereafter said lease shall not affect …
SDCL § 45-7-8 Action to obtain release--Damages--Attorney fees
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The owner of said land or the owner of the mineral rights may, after thirty days have expired from the time of the service of the demand as set forth in § 45-7-4 , in lieu of the filing of his affidavit, commence an action against the owner of such lease upon his neglect or refus…
SDCL § 45-7-9 Extension of lease on occurrence of contingency--Effect--Recording
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If any oil, gas, or mineral lease contains a statement of any contingency, the occurrence of which extends the lease for either a specified or an unspecified period of time, and that contingency has taken place, that lease may not be discharged or cancelled under the provisions o…