reglab/housing_qa huggingface dataset:
SD Codified L § 45-9-41 (2021)
2021 South Dakota Codified Laws|Title 45 - Mining, Oil and Gas|Chapter 09 - Oil And Gas Conservation|Section 45-9-41 - Supplemental hearing on approval of plan for unit operation.

45-9-41. Supplemental hearing on approval of plan for unit operation.If the plan for unit operations has not been approved as required by §45-9-40 at the time the order providing for unit operations is made, the Board of Minerals and Environment shall upon application and notice provide opportunity for supplemental hearings to determine if and when the plan for unit operations has been approved. Source: SDC Supp 1960, §42.0710 (4) as enacted by SL 1961, ch 211, §1; SL 2012, ch 212, §3.
SD Codified L § 45-9-42 (2021)
2021 South Dakota Codified Laws|Title 45 - Mining, Oil and Gas|Chapter 09 - Oil And Gas Conservation|Section 45-9-42 - Order of board for unit operation of a pool--Revocation when not approved by persons owning required percentage of interest.

45-9-42. Order of board for unit operation of a pool--Revocation when not approved by persons owning required percentage of interest.If the persons owning the required percentage of interest in the unit area do not approve the plan for unit operations within a period of six months from the date on which the order providing for unit operations is made, such order shall be ineffective, and shall be revoked by the Board of Minerals and Environment unless for good cause shown the board extends such time. Source: SDC Supp 1960, §42.0710 (4) as enacted by SL 1961, ch 211, §1.
SD Codified L § 45-9-43 (2021)
2021 South Dakota Codified Laws|Title 45 - Mining, Oil and Gas|Chapter 09 - Oil And Gas Conservation|Section 45-9-43 - Amendment of order for unit operations--Conditions.

45-9-43. Amendment of order for unit operations--Conditions.An order providing for unit operations may be amended by an order made by the Board of Minerals and Environment in the same manner and subject to the same conditions as an original order providing for unit operations under the following conditions:(1)If such an amendment affects only the rights and interests of the owners, the approval of the amendment by the royalty owners is not required; and(2)No such order of amendment may change the percentage for allocation of oil and gas as established for any separately owned tract by the original order, except with the consent of all persons owning oil and gas rights in the tract, or change the percentage for the allocation of cost as established for any separately owned tract by the original order, except with the consent of all owners in the tract. Source: SDC Supp 1960, §42.0710 (5) as enacted by SL 1961, ch 211, §1; SL 2011, ch 165, §243.
SD Codified L § 45-9-44 (2021)
2021 South Dakota Codified Laws|Title 45 - Mining, Oil and Gas|Chapter 09 - Oil And Gas Conservation|Section 45-9-44 - Order of board for unit operation of a pool embraced in unit area established by prior order--Allocation of production.

45-9-44. Order of board for unit operation of a pool embraced in unit area established by prior order--Allocation of production.The Board of Minerals and Environment, by an order, may provide for the unit operation of a pool or pools or parts thereof that embrace a unit area established by a previous order of the board. Such order, in providing for the allocation of unit production, shall first treat the unit area previously established as a single tract, and the portion of the unit production so allocated hereto shall then be allocated among the separately owned tracts included in such previously established unit area in the same proportions as those specified in the previous order. Source: SDC Supp 1960, §42.0710 (6) as enacted by SL 1961, ch 211, §1.
SD Codified L § 45-9-45 (2021)
2021 South Dakota Codified Laws|Title 45 - Mining, Oil and Gas|Chapter 09 - Oil And Gas Conservation|Section 45-9-45 - Order of Board of Minerals and Environment for unit operation on less than whole of a pool--Size and shape of unit area.

45-9-45. Order of Board of Minerals and Environment for unit operation on less than whole of a pool--Size and shape of unit area.An order may provide for unit operations on less than the whole of a pool where the unit area is of such size and shape as may be reasonably required for that purpose, and the conduct thereof will have no adverse effect upon other portions of the pool. Source: SDC Supp 1960, §42.0710 (7) as enacted by SL 1961, ch 211, §1.
SD Codified L § 45-9-46 (2021)
2021 South Dakota Codified Laws|Title 45 - Mining, Oil and Gas|Chapter 09 - Oil And Gas Conservation|Section 45-9-46 - Operation of well upon unit area--Unit of production allocated to separately owned tract.

45-9-46. Operation of well upon unit area--Unit of production allocated to separately owned tract.All operations, including the commencement, drilling, or operation of a well upon any portion of the unit area are deemed for all purposes the conduct of such operations upon each separately owned tract in the area by the several owners of the tracts. The portion of the unit production allocated to a separately owned tract in a unit area is, when produced, deemed, for all purposes, to have been actually produced from the tract by a well drilled on the tract. Source: SDC Supp 1960, §42.0710 (8) as enacted by SL 1961, ch 211, §1; SL 2011, ch 165, §244.
SD Codified L § 45-9-47 (2021)
2021 South Dakota Codified Laws|Title 45 - Mining, Oil and Gas|Chapter 09 - Oil And Gas Conservation|Section 45-9-47 - Order of board for unit operation--Express or implied obligations of contract covering land in unit area, fulfillment by conducting operations under order.

45-9-47. Order of board for unit operation--Express or implied obligations of contract covering land in unit area, fulfillment by conducting operations under order.Operations conducted pursuant to an order of the Board of Minerals and Environment providing for unit operations shall constitute a fulfillment of all the express or implied obligations of each lease or contract covering lands in the unit area to the extent that compliance with such obligations cannot be had because of the order of the board. Source: SDC Supp 1960, §42.0710 (8) as enacted by SL 1961, ch 211, §1.
SD Codified L § 45-9-48 (2021)
2021 South Dakota Codified Laws|Title 45 - Mining, Oil and Gas|Chapter 09 - Oil And Gas Conservation|Section 45-9-48 - Order of Board of Minerals and Environment for unit operation--Ownership of portion of production allocated and proceeds of sale.

45-9-48. Order of Board of Minerals and Environment for unit operation--Ownership of portion of production allocated and proceeds of sale.The portion of the unit production allocated to any tract, and the proceeds from the sale thereof, shall be the property and income of the several persons to whom, or to whose credit, the same are allocated or payable under the order providing for unit operations. Source: SDC Supp 1960, §42.0710 (9) as enacted by SL 1961, ch 211, §1.
SD Codified L § 45-9-49 (2021)
2021 South Dakota Codified Laws|Title 45 - Mining, Oil and Gas|Chapter 09 - Oil And Gas Conservation|Section 45-9-49 - Order for unit operations does not transfer title.

45-9-49. Order for unit operations does not transfer title.Except to the extent that the parties affected agree, no order providing for unit operations may be construed to result in a transfer of any part of the title of any person to the oil and gas rights in any tract in the unit area. Source: SDC Supp 1960, §42.0710 (11) as enacted by SL 1961, ch 211, §1; SL 2011, ch 165, §245.
SD Codified L § 45-9-50 (2021)
2021 South Dakota Codified Laws|Title 45 - Mining, Oil and Gas|Chapter 09 - Oil And Gas Conservation|Section 45-9-50 - Contract for sale or purchase of production from separately owned tract not terminated.

45-9-50. Contract for sale or purchase of production from separately owned tract not terminated.No division order or other contract relating to the sale or purchase of production from a separately owned tract may be terminated by the order providing for unit operations, but shall remain in force and apply to oil and gas allocated to the tract until terminated in accordance with the provisions of the order or contract. Source: SDC Supp 1960, §42.0710 (10) as enacted by SL 1961, ch 211, §1; SL 2011, ch 165, §246.
SD Codified L § 45-9-51 (2021)
2021 South Dakota Codified Laws|Title 45 - Mining, Oil and Gas|Chapter 09 - Oil And Gas Conservation|Section 45-9-51 - Rights of owners within unit area to property acquired in conduct of unit operation.

45-9-51. Rights of owners within unit area to property acquired in conduct of unit operation.All property, whether real or personal, that may be acquired in the conduct of unit operations hereunder shall be acquired for the account of the owners within the unit area, and shall be the property of such owners in the proportion that the expenses of unit operations are charged. Source: SDC Supp 1960, §42.0710 (11) as enacted by SL 1961, ch 211, §1.
SD Codified L § 45-9-52 (2021)
2021 South Dakota Codified Laws|Title 45 - Mining, Oil and Gas|Chapter 09 - Oil And Gas Conservation|Section 45-9-52 - Agreement for cooperative development or operation of field or pool--Approval by board--Failure to submit for approval not evidence of antitrust law violation.

45-9-52. Agreement for cooperative development or operation of field or pool--Approval by board--Failure to submit for approval not evidence of antitrust law violation.An agreement for the unit or cooperative development or operation of a field, pool, or part of the field or pool, may be submitted to the Board of Minerals and Environment for approval as being in the public interest or reasonably necessary to prevent waste or protect correlative rights. The approval constitutes a complete defense to any suit charging violation of any statute of the state relating to trusts and monopolies on account of the agreement or on account of operations conducted pursuant to the agreement. The failure to submit such an agreement to the board for approval does not for that reason imply or constitute evidence that the agreement or operations conducted pursuant to the agreement are in violation of laws relating to trusts and monopolies. Source: SDC Supp 1960, §42.0711 as enacted by SL 1961, ch 211, §1; SL 2011, ch 165, §247.
SD Codified L § 45-9-53 (2021)
2021 South Dakota Codified Laws|Title 45 - Mining, Oil and Gas|Chapter 09 - Oil And Gas Conservation|Section 45-9-53 - Lands to which chapter applies.

45-9-53. Lands to which chapter applies.This chapter shall apply to all lands located in the state, however owned, including any lands owned or administered by any government or any agency or political subdivision thereof, excepting only such land as shall be specifically exempted by federal statute. Source: SDC Supp 1960, §42.0706 (1) as enacted by SL 1961, ch 211, §1.
SD Codified L § 45-9-54 (2021)
2021 South Dakota Codified Laws|Title 45 - Mining, Oil and Gas|Chapter 09 - Oil And Gas Conservation|Section 45-9-54 - Enforcement of chapter--Jurisdiction of board.

45-9-54. Enforcement of chapter--Jurisdiction of board.The Board of Minerals and Environment has jurisdiction and authority over all persons and property, public and private, necessary to enforce effectively the provisions of this chapter. Source: SL 1943, ch 153, §6; SDC Supp 1960, §42.0706 (1); SDC Supp 1960, §42.0706 (2) as enacted by SL 1961, ch 211, §1.
SD Codified L § 45-9-55 (2021)
2021 South Dakota Codified Laws|Title 45 - Mining, Oil and Gas|Chapter 09 - Oil And Gas Conservation|Section 45-9-55 - Investigations by board.

45-9-55. Investigations by board.The Board of Minerals and Environment shall conduct investigations necessary to determine whether waste exists or is imminent or whether other facts exist that justify action by the board. Source: SL 1943, ch 153, §6; SDC Supp 1960, §42.0706 (2); SDC Supp 1960, §42.0706 (3) as enacted by SL 1961, ch 211, §1; SL 2011, ch 165, §248.
SD Codified L § 45-9-56 (2021)
2021 South Dakota Codified Laws|Title 45 - Mining, Oil and Gas|Chapter 09 - Oil And Gas Conservation|Section 45-9-56 - Authority of board to act--Upon its own motion--Petition of interested person.

45-9-56. Authority of board to act--Upon its own motion--Petition of interested person.The Board of Minerals and Environment may act upon its own motion or upon the petition of any interested person. Source: SDC Supp 1960, §42.0712 (6) as enacted by SL 1961, ch 211, §1.
SD Codified L § 45-9-58 (2021)
2021 South Dakota Codified Laws|Title 45 - Mining, Oil and Gas|Chapter 09 - Oil And Gas Conservation|Section 45-9-58 - Notice of hearing--Service by mail or publication--Proof of service.

45-9-58. Notice of hearing--Service by mail or publication--Proof of service.The notice of a hearing on any application made pursuant to this chapter shall be served either by certified mail or by publication in a newspaper of general circulation in the county where the affected land, or some part thereof, is situated. The applicant shall give notice of any hearing that may affect property interests by mailing the notice by certified mail, return receipt requested, to any person whose property may be affected by the hearing. As proof of service, the applicant shall file with the board an affidavit declaring that the notice was mailed and the certified mail return receipt. Any person who cannot be served notice by certified mail may be served notice of the hearing by publication. Source: SDC Supp 1960, §42.0712 (4) as enacted by SL 1961, ch 211, §1; SL 1985, ch 343; SL 2012, ch 212, §5.
SD Codified L § 45-9-59 (2021)
2021 South Dakota Codified Laws|Title 45 - Mining, Oil and Gas|Chapter 09 - Oil And Gas Conservation|Section 45-9-59 - Witnesses--Production of books and records.

45-9-59. Witnesses--Production of books and records.The Board of Minerals and Environment may summon witnesses, administer oaths, and require the production of records, books, and documents for examination at any hearing or investigation conducted by it. Source: SL 1943, ch 153, §8; SDC Supp 1960, §42.0708 (1); SDC Supp 1960, §42.0713 (1) as enacted by SL 1961, ch 211, §1; SL 2011, ch 165, §249.
SD Codified L § 45-9-60 (2021)
2021 South Dakota Codified Laws|Title 45 - Mining, Oil and Gas|Chapter 09 - Oil And Gas Conservation|Section 45-9-60 - Noncompliance with subpoena--Refusal of witness to testify--Court order--Contempt.

45-9-60. Noncompliance with subpoena--Refusal of witness to testify--Court order--Contempt.If any person refuses to comply with the subpoena issued by the Board of Minerals and Environment, or if any witness refuses to testify to any matter on which the witness may be interrogated and which is pertinent to the hearing or investigation, any circuit court in the state, upon the application of the board, may in term time or vacation issue an attachment for the person and compel the person to comply with the subpoena, and to appear before the board and produce such records, books, and documents for examination, and to give testimony. The court may punish for contempt as in the case of disobedience to a like subpoena issued by the court, or for refusal to testify in the case. Source: SL 1943, ch 153, §8; SDC Supp 1960, §42.0708 (2); SDC Supp 1960, §42.0713 (2) as enacted by SL 1961, ch 211, §1; SL 2011, ch 165, §250.
SD Codified L § 45-9-64 (2021)
2021 South Dakota Codified Laws|Title 45 - Mining, Oil and Gas|Chapter 09 - Oil And Gas Conservation|Section 45-9-64 - Emergency order of board--Issuance without notice or hearing--Promulgation--Termination.

45-9-64. Emergency order of board--Issuance without notice or hearing--Promulgation--Termination.When an emergency requiring immediate action is found to exist the Board of Minerals and Environment is authorized to issue an emergency order without notice or hearing, which shall be effective upon promulgation. No emergency order shall remain effective for more than fifteen days. Source: SL 1943, ch 153, §7; SDC Supp 1960, §42.0707 (3); SDC Supp 1960, §42.0712 (3) as enacted by SL 1961, ch 211, §1.
SD Codified L § 45-9-67 (2021)
2021 South Dakota Codified Laws|Title 45 - Mining, Oil and Gas|Chapter 09 - Oil And Gas Conservation|Section 45-9-67 - Appeal from rule, regulation, or order of board--Persons adversely affected--Procedure.

45-9-67. Appeal from rule, regulation, or order of board--Persons adversely affected--Procedure.Any person adversely affected by any rule, regulation, or order of the Board of Minerals and Environment issued in pursuance to this chapter, may appeal therefrom by following the procedure set forth in chapter 1-26. Source: SL 1943, ch 153, §§9, 12; SDC Supp 1960, §§42.0709, 42.0712; SDC Supp 1960, §42.0716 as enacted by SL 1961, ch 211, §1.
SD Codified L § 45-9-68 (2021)
2021 South Dakota Codified Laws|Title 45 - Mining, Oil and Gas|Chapter 09 - Oil And Gas Conservation|Section 45-9-68 - Violation of law, rule, regulation, or order--Civil penalty--Liability for damages to environment.

45-9-68. Violation of law, rule, regulation, or order--Civil penalty--Liability for damages to environment.Any person who violates any provision of this chapter, or any rule, regulation, or order of the Board of Minerals and Environment is subject to a civil penalty of not more than five hundred dollars for each act of violation and for each day that such violation continues, or is liable for damages to the environment of this state, or both. Source: SDC Supp 1960, §42.0714 (1) as enacted by SL 1961, ch 211, §1; SL 1988, ch 291, §24.
SD Codified L § 45-9-69 (2021)
2021 South Dakota Codified Laws|Title 45 - Mining, Oil and Gas|Chapter 09 - Oil And Gas Conservation|Section 45-9-69 - Action by attorney general to recover civil penalties--Venue.

45-9-69. Action by attorney general to recover civil penalties--Venue.The penalties provided in §45-9-68 shall be recoverable by suit filed by the attorney general in the name and on behalf of the State of South Dakota in the circuit court for the county in which the defendant resides, or if there be more than one defendant, in the circuit court for any county in which the violation occurred. Source: SDC Supp 1960, §42.0714 (2) as enacted by SL 1961, ch 211, §1.
SD Codified L § 45-9-70 (2021)
2021 South Dakota Codified Laws|Title 45 - Mining, Oil and Gas|Chapter 09 - Oil And Gas Conservation|Section 45-9-70 - Shutting down and sealing property or equipment by secretary for violation--Cancelation of lease or bond forfeiture.

45-9-70. Shutting down and sealing property or equipment by secretary for violation--Cancelation of lease or bond forfeiture.The secretary of agriculture and natural resources, acting for the Board of Minerals and Environment, may shut down any operation and place under seal any property or equipment for failure to comply with the oil and gas law or rules, may enter upon any land and perform any operation that the operator fails to perform if ordered to do so in writing, and may recommend cancellation of any state lease and forfeiture under the bond for noncompliance with the applicable law, lease terms, and rules. Source: SDC Supp 1960, §42.0715 (3) as enacted by SL 1961, ch 211, §1; SL 2011, ch 165, §251; SL 2021, ch 1 (Ex. Ord. 21-3), § 53, eff. Apr. 19, 2021.
SD Codified L § 45-9-71 (2021)
2021 South Dakota Codified Laws|Title 45 - Mining, Oil and Gas|Chapter 09 - Oil And Gas Conservation|Section 45-9-71 - Action for injunction--Service--Order.

45-9-71. Action for injunction--Service--Order.If it appears that any person is violating or threatening to violate any provision of this chapter, or any rule or order of the Board of Minerals and Environment, and unless the board without litigation can effectively prevent violation or threat of violation, the board shall bring suit against the person in the circuit court for any county where the violation is occurring or is threatened, to restrain the person from continuing the violation or from carrying out the threat of violation. Upon the filing of any such suit, summons issued to the person may be directed to the sheriff of any county in this state for service by the sheriff. In any such suit, the court has jurisdiction to grant to the board, without bond or other undertaking, such prohibitory and mandatory injunctions as the facts may warrant, including temporary restraining orders and preliminary injunctions. Source: SL 1943, ch 153, §11; SDC Supp 1960, §42.0711; SDC Supp 1960, §42.0715 (1) as enacted by SL 1961, ch 211, §1; SL 2011, ch 165, §252.
SD Codified L § 45-9-72 (2021)
2021 South Dakota Codified Laws|Title 45 - Mining, Oil and Gas|Chapter 09 - Oil And Gas Conservation|Section 45-9-72 - Failure of board to enjoin violation on request of person adversely affected--Action for injunction by affected person.

45-9-72. Failure of board to enjoin violation on request of person adversely affected--Action for injunction by affected person.If the Board of Minerals and Environment fails to bring suit to enjoin a violation or threatened violation of any provision of this chapter, or any rule or order of the board within ten days after receipt of written request to do so by any person who is or will be adversely affected by the violation, the person making the request may bring suit in the person's own behalf to restrain the violation or threatened violation in any court in which the board might have brought suit. The board shall be made a party defendant in the suit in addition to the person violating or threatening to violate a provision of this chapter, or rule or order of the board, and the action shall proceed and injunctive relief may be granted to the board without bond in the same manner as if suit had been brought by the board. Source: SDC Supp 1960, §42.0715 (2) as enacted by SL 1961, ch 211, §1; SL 2011, ch 165, §253.
SD Codified L § 45-9-73 (2021)
2021 South Dakota Codified Laws|Title 45 - Mining, Oil and Gas|Chapter 09 - Oil And Gas Conservation|Section 45-9-73 - Procedure for issuance, suspension, revocation, and renewal of permits--Hearing--Uncontested recommendation.

45-9-73. Procedure for issuance, suspension, revocation, and renewal of permits--Hearing--Uncontested recommendation.The board, by rules adopted in compliance with chapter 1-26, may provide for the issuance, suspension, revocation, and renewal of any permits required under this chapter. Procedures shall provide for a recommendation on such permit by the secretary with an opportunity for a contested case hearing by the board on its own motion or upon protest by the applicant or any person. If the recommendation of the secretary is not contested, that recommendation shall become a final determination on the application. If an uncontested recommendation is for approval or conditional approval of the application, the permit shall be issued by the secretary consistent with the secretary's recommendation. Source: SL 1991, ch 288, §13; SL 1996, ch 262, §7.
SD Codified L § 45-9-74 (2021)
2021 South Dakota Codified Laws|Title 45 - Mining, Oil and Gas|Chapter 09 - Oil And Gas Conservation|Section 45-9-74 - Hearing on application for order under chapter--Notice--Contested case hearing--Procedure.

45-9-74. Hearing on application for order under chapter--Notice--Contested case hearing--Procedure.The Board of Minerals and Environment shall provide an opportunity for public hearing, through public notice, on any application made for an order under this chapter. The notice shall comply with the provisions of chapter 1-26 and indicate, unless a person files a petition requesting a hearing by the deadline established in the notice, no hearing need be held. If held, the hearing shall be conducted in accordance with chapter 1-26. Any person who files a petition requesting a contested case hearing by the deadline established by the board shall be entitled to be heard during the hearing. The board shall enter its order within thirty days after the hearing. If no hearing is held, the applicant shall submit a proposed order to the secretary for review and approval. Source: SL 2012, ch 212, §7.