Title 45 — MINING, OIL AND GAS
16 chapters · 387 sections in this title.
SDCL § 45-1-2 Surveys relating to geology, natural history, archaeology, and anthropology--Duty to continue
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The state geologist shall carry on and continue surveys of the state in relation to geology, natural history, archaeology, and anthropology, particularly studying and emphasizing the economic geology of this state. Source: SL 1919, ch 332 , § 2; SDC 1939, § 42.0502; SL 2011, ch 1…
SDCL § 45-1-6 Specimens are state property
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Any specimen of natural history, geology, or mineralogy, which is collected by the state geologist or any other person appointed by the state to investigate its natural and physical resources, or donated by any person, shall be the property of the state. Source: SL 2017, ch 10 , …
SDCL § 45-2-3 Contracts by state geologist--Payments
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The state geologist may enter into contracts with and accept payment from county governments, from other South Dakota state governmental agencies, and from nonprofit rural water supply companies or corporations organized pursuant to and taxed under the provisions of chapter 10-36…
SDCL § 45-2-4.2 Continuation of geological survey--Purposes
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The state geologist shall continue the making of the actual geological survey of the lands, and earth, and the area beneath the surface of the lands of this state as provided by this chapter. The survey is for the purpose of discovery, or aiding in the discovery, development, and…
SDCL § 45-4-1 Discovery of lode within limits of claim essential
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No location of a mining claim may be made until the discovery of the vein or lode within the limits of the claim located. Source: SDC 1939, § 42.0103 as added by SL 1955, ch 152 , § 1; SL 2011, ch 165 , § 166.
SDCL § 45-4-10 Location certificate--Surface ground included and excluded
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The location or location certificate of any lode claim includes all surface ground within the surface lines of the lode claim and all lodes and ledges throughout their entire depth, the top or apex of which lie inside of the lode claim lines extended vertically and including part…
SDCL § 45-4-11 Longitudinal limits of claim
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If the top or apex of the lode in its longitudinal course extends beyond the exterior lines of the claim at any point on the surface or as extended vertically downward, such lode may not be followed in its longitudinal course beyond the point where it is intersected by the exteri…
SDCL § 45-4-13 Right to mine separate from right to surface--Security required of miner--Enforcement
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When the right to mine is in any case separate from the ownership or right of occupancy to the surface, the owner or rightful occupant of the surface may demand satisfactory security from the miner, and if it be refused, may enjoin such miner from working until such security is g…
SDCL § 45-4-14 Fencing of mining claim or mineral property for protection of livestock--Duties on abandonment--Liability for damages--Violation as misdemeanor
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Any person, firm, association, or corporation who makes or sinks discovery shafts, open cuts, adits, or equivalents on a mining claim or on mineral property, ground, or premises shall immediately, while using the discovery shafts, open cuts, adits, or equivalents, make them secur…
SDCL § 45-4-15 Actions involving mining claims--Proof of customs, usages, or regulations
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In actions respecting mining claims, proof must be admitted of the customs, usages, or regulations established and in force at the bar or diggings embracing such claim; and such customs, usages, or regulations, when not in conflict with the laws of this state and of the United St…
SDCL § 45-4-16 Actions involving mining claims--Survey ordered by court
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In all actions in any circuit court of this state in which the title or right of possession to any mining claim is in dispute, the court may, upon application of any of the parties to the suit, enter an order for the underground as well as surface survey of the part of the proper…
SDCL § 45-4-17 Order requiring survey of disputed claim--Designation of surveyor--Witnesses to examine property
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The order specified in § 45-4-16 shall designate some competent surveyor not related to any of the parties to the suit nor in any way interested in the result of the suit to conduct the survey. Upon the application of the party adverse to the application, the court may also appoi…
SDCL § 45-4-18 Order requiring survey of disputed claim to be made in open court or upon notice--Agreement--Affidavits
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No such order may be made for survey and inspection except in open court or in chambers upon notice of at least six days, and only by agreement of parties or upon the affidavit of two or more persons that the survey and inspection is necessary to the just determination of the sui…
SDCL § 45-4-19 Order for removal of obstacles in drifts or shafts
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The court may also cause the removal of any rock, debris, or other obstacle in any of the drifts or shafts of the property if removal is shown to be necessary to a just determination of the question involved. Source: PolC 1877, ch 31, § 19; CL 1887, § 2014; RPolC 1903, § 2548; RC…
SDCL § 45-4-2 Conditions precedent to filing of location certificate
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Before filing a location certificate pursuant to § 45-4-4 , the discoverer shall locate the claim: (1) By erecting a monument at the place of discovery and posting on the monument a plain sign or notice containing the name of the lode, the name of any locator, the date of discove…
SDCL § 45-4-20 Association with another to obtain possession of a lode, gulch, or placer claim by force and violence, by threats of violence, or by stealth--Misdemeanor
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Any person who associates with another to obtain possession of a lode, gulch, or placer claim, then in the actual possession of another, by force and violence or by threats of violence or by stealth, and who carries out such purpose by: (1) Making threats against the person or pe…
SDCL § 45-4-21 Trials under § 45-4-20 --Evidence sufficient for conviction
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On trials under § 45-4-20 , proof of a common purpose of two or more persons to obtain possession of property or to intimidate laborers as set forth in § 45-4-20 , accompanied or followed by any of the acts specified, by any of them, is sufficient evidence to convict any person c…
SDCL § 45-4-22 Writs of injunction to restore person to possession of mining property
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The circuit court may issue writs of injunction for affirmative relief having the force and effect of a writ of restitution restoring any person to the possession of any mining property: (1) From which the person may have been ousted by force and violence or by fraud; (2) From po…
SDCL § 45-4-23 Recording required--Affidavit of labor--Recording fee
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On or before December thirtieth, following the end of each federal assessment year for which labor is performed or improvements are made or compliance requirements arising under federal law to hold a mining claim have been met, the person on whose behalf such labor was performed,…
SDCL § 45-4-3 Marking surface boundaries of claim
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Surface boundaries shall be marked by eight substantial posts, hewed or blazed on the side or sides facing the claim and plainly marked with the name of the lode and the corner, end, or side of the claim that they respectively represent and sunk in the ground; one at each corner …
SDCL § 45-4-4 Location certificate--Recording of claim--Contents--Validity
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The discoverer of a lode shall within sixty days from the date of discovery record the claim in the office of the register of deeds of the county in which the lode is located by a location certificate which shall contain: (1) The name of the lode; (2) The name of the locator or l…
SDCL § 45-4-5 Location certificate limited to single location
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No location certificate may claim more than one location whether the location is made by one or several locators. If the certificate purports to claim more than one location, it is void except as to the first location described in the certificate. If the locations are described t…
SDCL § 45-4-6 Dimensions of lode claim--Determination of width by election
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The length of any lode claim may equal but not exceed fifteen hundred feet along the vein or lode. The width of a lode claim shall be three hundred feet on each side of the center of the vein or lode. However, any county may, at any general election, determine upon a width less t…
SDCL § 45-4-7 Fee for recording and certification of location certificate--Certified copy
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The register of deeds may receive the fee as established by subdivisions 7-9-15(1) and (2) for each location certificate recorded and certified by the register of deeds and shall furnish the locators with a certified copy of the certificate if demanded. Source: PolC 1877, ch 31, …
SDCL § 45-4-8 Additional location certificate--Relocation--Existing rights of others not affected--Claimant not precluded from proving title under previous location
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If the locator of any mining claim or the locator's assigns: (1) Believes that the original certificate was defective or erroneous; (2) Believes that the requirements of the law were not complied with before filing; or (3) Desires to change the surface boundaries of the claim or …
SDCL § 45-4-9 Relocation of abandoned lode--Fixing of boundaries--Erection of new discovery monument--Contents of relocation certificate
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The relocation of an abandoned lode mining claim shall be by fixing new boundaries in the same manner as if it were the location of a new claim, or the relocator may erect new or adopt the old boundaries, renewing the posts if removed or destroyed. In either case a new discovery …
SDCL § 45-5-1 Owner of mine or mining claim entitled to right-of-way for necessary road, ditch, cut, flume, shaft, or tunnel--Eminent domain for pollution control measures
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If a mine or mining claim patented under the laws of the United States or held under the local laws and customs of this state is so situated that it cannot be conveniently worked without a road providing access; without a ditch, cut, or flume to convey water to the mining claim o…
SDCL § 45-5-10 Appeal from assessment of damages--Limited to amount of damages--Jury trial
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Such an appeal shall bring before the court only the propriety of the amount of damages and shall be tried by a jury unless a trial by jury be waived as in other civil cases. Source: SL 1881, ch 97 , § 10; CL 1887, § 2025; RPolC 1903, § 2559; RC 1919, § 8753; SDC 1939, § 42.0209.
SDCL § 45-5-11 Bond pending appeal
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The prosecution of any appeal may not hinder, delay, or prevent the respondent from exercising all the rights and privileges mentioned in § 45-5-6 , if the respondent files with the clerk of the court in which the appeal is pending a bond with sufficient sureties to be approved b…
SDCL § 45-5-12 Costs of appeal
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If the appellant recovers fifty dollars more damages than the commissioners have awarded or if the respondent offers to allow judgment against the respondent to be taken, the respondent shall pay the costs of the appeal; otherwise the appellant shall pay the costs. Source: SL 188…
SDCL § 45-5-13 Costs and expenses under chapter to be paid by party making application
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The costs and expenses under the provisions of this chapter, except as otherwise provided in this chapter, shall be paid by the party making the application. Source: SL 1881, ch 97 , § 13; CL 1887, § 2028; RPolC 1903, § 2562; RC 1919, § 8756; SDC 1939, § 42.0212; SL 2011, ch 165 …
SDCL § 45-5-14 Costs and expenses if applicant tendered sum equal to or more than amount of damages assessed
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If the applicant, before the commencement of the proceeding, has tendered to the parties owning or occupying the lands or mining claims a sum equal to or more than the amount of damages assessed by the commissioners, all of the costs and expenses shall be paid by the party or par…
SDCL § 45-5-2 Petition for right-of-way--Filing with clerk of circuit court--Verification--Contents--Demand for relief
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If, in order to enable the owner of a mining claim to successfully and conveniently work the claim, it is necessary that the owner have a right-of-way for any of the purposes set forth in § 45-5-1 , and if such a right-of-way has not been acquired by agreement between the owner o…
SDCL § 45-5-3 Order to show cause--Service--Time for hearing
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Upon the filing of a petition with the clerk of the court pursuant to § 45-5-2 , the judge shall order the owners named in the petition of mining claims and lands to be affected by the proceeding to appear before the judge on a day named in the order, not less than ten days from …
SDCL § 45-5-4 Hearing on petition--Award of right-of-way--Appointment of commissioners to assess damages
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Upon the return day of the order or upon any day to which the hearing is adjourned, the judge shall proceed to hear the allegations and proofs of the respective parties. If upon the hearing the judge is satisfied that the claim of the petitioner should be worked by means of the p…
SDCL § 45-5-5 Assessment of damages by commissioners
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The commissioners appointed pursuant to § 45-5-4 shall be sworn or affirmed to discharge their duties faithfully and impartially. They shall proceed without unreasonable delay to examine the premises, shall assess the damage resulting from the right or privilege requested, and sh…
SDCL § 45-5-6 Payment or tender of damages--Use of right-of-way
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Upon the payment of the sum assessed as damages to the persons to whom it shall be awarded or a tender of the sum to them, the person petitioning is entitled to the right-of-way requested in the petition and may immediately proceed to occupy the right-of-way and erect works and s…
SDCL § 45-5-7 Report of commissioners may be set aside
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For good cause the judge may set aside the report of such commissioners and appoint three other commissioners whose duties shall be the same as provided in §
SDCL § 45-5-8 Appeals from assessment of damages--Time for taking--Service of notice upon respondent
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Appeals from any assessment of such commissioners may be taken and prosecuted in the proper circuit court by any party interested at any time within ten days after written notice of the filing of the report of the commissioners, and a written notice of such appeal shall be served…
SDCL § 45-5-9 Appeal bond--Approval of sureties--Amount--Conditions
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The appellant shall file with the clerk of the court to which the appeal is taken a bond with sureties to be approved by the clerk in the amount of the assessment appealed from, conditioned that the appellant will pay any costs that may be awarded to the respondent and abide any …
SDCL § 45-5A-1 Legislative findings
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The Legislature finds the following: (1) It is necessary for the state to protect the public welfare of South Dakota which is largely dependent on agriculture, and to protect the economic well - being of individuals engaged in agricultural production; (2) Exploration for and deve…
SDCL § 45-5A-10 Other remedies not precluded
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Any remedy provided by this chapter does not preclude any person from seeking other remedies allowed by law. Source: SL 1982, ch 304 , § 10.
SDCL § 45-5A-11 Motor vehicle operation excluded from chapter
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This chapter does not apply to the operation, maintenance, or use of a motor vehicle upon the highways of this state. Source: SL 1982, ch 304 , § 11.
SDCL § 45-5A-2 Purpose of chapter
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It is the purpose of this chapter to provide the maximum amount of constitutionally permissible protection to surface owners from the undesirable effects of mineral development. This chapter is to be interpreted to benefit surface owners, regardless of when the mineral estate was…
SDCL § 45-5A-3 Definition of terms
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Terms used in this chapter, unless the context otherwise clearly requires, mean: (1) "Agricultural production," the production of any growing grass or crop attached to the surface of the land, whether or not the grass or crop is to be sold commercially, and the production of any …
SDCL § 45-5A-4 Compensation to surface owner for losses--Determining damages--Payment
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The mineral developer shall pay the surface owner a sum of money equal to the amount of damages sustained by the surface owner for loss of agricultural production, lost land value, and lost value of improvements caused by mineral development. The amount of damages may be determin…
SDCL § 45-5A-4.1 Treble damages for failure to negotiate in good faith
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If any mineral developer fails or refuses to conduct good faith negotiations with the surface owner to determine damages pursuant to § 45-5A-4 , whether or not arising out of an existing contract or lease, the court, in any subsequent litigation arising out of the mineral develop…
SDCL § 45-5A-5 Notice to surface owner of proposed surface disturbing development activities
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The mineral developer shall give the surface owner written notice of proposed surface disturbing mineral development activities at least thirty days before the date operations are commenced. Surface disturbing activities include well site construction, road building, grading, exc…
SDCL § 45-5A-5.1 Notice to surface owner and surface lessee prior to entry on land for mineral exploration activities
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A mineral developer shall provide the surface owner, and surface lessee, if any, with at least seven days notice by registered mail to the address shown by the records of the county treasurer at the time the notice is given or by hand delivery prior to entry on the land for miner…
SDCL § 45-5A-5.2 Damages for failure to provide notice
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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 §