reglab/housing_qa huggingface dataset:
SD Codified L § 45-5-12 (2021)
2021 South Dakota Codified Laws|Title 45 - Mining, Oil and Gas|Chapter 05 - Right-Of-Way To Mines|Section 45-5-12 - Costs of appeal.

45-5-12. Costs of appeal.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 1881, ch 97, §12; CL 1887, §2027; RPolC 1903, §2561; RC 1919, §8755; SDC 1939, §42.0211; SL 2011, ch 165, §190.
SD Codified L § 45-5-13 (2021)
2021 South Dakota Codified Laws|Title 45 - Mining, Oil and Gas|Chapter 05 - Right-Of-Way To Mines|Section 45-5-13 - Costs and expenses under chapter to be paid by party making application.

45-5-13. Costs and expenses under chapter to be paid by party making application.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, §191.
SD Codified L § 45-5-14 (2021)
2021 South Dakota Codified Laws|Title 45 - Mining, Oil and Gas|Chapter 05 - Right-Of-Way To Mines|Section 45-5-14 - Costs and expenses if applicant tendered sum equal to or more than amount of damages assessed.

45-5-14. Costs and expenses if applicant tendered sum equal to or more than amount of damages assessed.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 parties owning the lands or claims affected by the right-of-way and who appeared and resisted the claim of the applicant. Source: SL 1881, ch 97, §13; CL 1887, §2028; RPolC 1903, §2562; RC 1919, §8756; SDC 1939, §42.0212; SL 2011, ch 165, §192.
SD Codified L § 45-5A-1 (2021)
2021 South Dakota Codified Laws|Title 45 - Mining, Oil and Gas|Chapter 05A - Compensation For Damages From Mining, Oil And Gas Development|Section 45-5A-1 - Legislative findings.

45-5A-1. Legislative findings.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 development of mineral and oil and gas reserves in this state may interfere with the use, agricultural or otherwise, of the surface of certain land;(3)Surface owners should be justly compensated for injury to their persons or property and interference with the use of their property occasioned by mineral and oil and gas development. Source: SL 1982, ch 304, §1.
SD Codified L § 45-5A-2 (2021)
2021 South Dakota Codified Laws|Title 45 - Mining, Oil and Gas|Chapter 05A - Compensation For Damages From Mining, Oil And Gas Development|Section 45-5A-2 - Purpose of chapter.

45-5A-2. Purpose of chapter.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 separated from the surface estate. Source: SL 1982, ch 304, §2.
SD Codified L § 45-5A-3 (2021)
2021 South Dakota Codified Laws|Title 45 - Mining, Oil and Gas|Chapter 05A - Compensation For Damages From Mining, Oil And Gas Development|Section 45-5A-3 - Definition of terms.

45-5A-3. Definition of terms.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 farm animals, whether or not the animals are to be sold commercially;(2)"Mineral development," the exploration for or drilling of an oil and gas well or mineral test hole which requires entry upon the surface estate and was commenced subsequent to June 30, 1982, and the oil and gas production operations ensuing therefrom;(3)"Mineral developer," the person who acquires the mineral estate or lease for the purpose of extracting or using the minerals for nonagricultural purposes;(4)"Mineral estate," an estate in or ownership of all or part of the minerals underlying a specified tract of land;(5)"Mineral," any substance with economic value, whether organic or inorganic, that can be extracted from the earth, including oil and gas, but excluding water;(6)"Surface estate," an estate in or ownership of the surface of a particular tract of land;(7)"Surface owner," the person who has possession of the surface of the land, if other than the mineral developer, either as an owner or as a lessee. Source: SL 1982, ch 304, §3.
SD Codified L § 45-5A-4 (2021)
2021 South Dakota Codified Laws|Title 45 - Mining, Oil and Gas|Chapter 05A - Compensation For Damages From Mining, Oil And Gas Development|Section 45-5A-4 - Compensation to surface owner for losses--Determining damages--Payment.

45-5A-4. Compensation to surface owner for losses--Determining damages--Payment.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 determined by any formula mutually agreeable between the surface owner and the mineral developer. In determining damages, consideration shall be given to the period of time during which the loss occurs and the surface owner may elect to be paid damages in annual installments over a period of time. However, the surface owner shall be compensated for harm caused by exploration only by a single sum payment. The payments contemplated by this section shall only cover land directly affected by mineral development. Payments under this section for lost land value shall be paid only to the title holder of such land. Any reservation or assignment of such compensation apart from the surface estate except to a lessee of the surface estate is prohibited. Source: SL 1982, ch 304, §4.
SD Codified L § 45-5A-4.1 (2021)
2021 South Dakota Codified Laws|Title 45 - Mining, Oil and Gas|Chapter 05A - Compensation For Damages From Mining, Oil And Gas Development|Section 45-5A-4.1 - Treble damages for failure to negotiate in good faith.

45-5A-4.1. Treble damages for failure to negotiate in good faith.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 developer's failure or refusal to negotiate in good faith, may, at its discretion, award treble damages on all or part of any recovery by the surface owner. Source: SL 2013, ch 225, §1.
SD Codified L § 45-5A-5 (2021)
2021 South Dakota Codified Laws|Title 45 - Mining, Oil and Gas|Chapter 05A - Compensation For Damages From Mining, Oil And Gas Development|Section 45-5A-5 - Notice to surface owner of proposed surface disturbing development activities.

45-5A-5. Notice to surface owner of proposed surface disturbing development activities.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, excavation, demolition, and related activities. This notice shall be given to the record surface owner at the surface owner's address as shown by the records of the county register of deeds at the time the notice is given. This notice shall sufficiently disclose the plan of work and operations to enable the surface owner to evaluate the effect of drilling operations on the surface owner's use of the property. Included with this notice shall be a form prepared by the Department of Agriculture and Natural Resources advising the surface owner of his or her rights and options under this chapter. Source: SL 1982, ch 304, §5; SL 2011, ch 165, §193; SL 2013, ch 226, §4; SL 2021, ch 1 (Ex. Ord. 21-3), § 53, eff. Apr. 19, 2021.
SD Codified L § 45-5A-5.1 (2021)
2021 South Dakota Codified Laws|Title 45 - Mining, Oil and Gas|Chapter 05A - Compensation For Damages From Mining, Oil And Gas Development|Section 45-5A-5.1 - Notice to surface owner and surface lessee prior to entry on land for mineral exploration activities.

45-5A-5.1. Notice to surface owner and surface lessee prior to entry on land for mineral exploration activities.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 mineral exploration activities that do not disturb the surface such as surveying and well staking. This notice shall include:(1)The name, address, and telephone number of the mineral developer or the mineral developer's designee;(2)An offer to discuss the proposed exploration plan with the surface owner, and surface lessee if any, before the exploration operations begin; and(3)A diagram of the approximate location or the proposed drilling site.The notice required by this section is deemed to be received by the surface owner and surface lessee immediately, if hand delivered, and seven days after mailing if sent by registered mail.The notice required by this section is in addition to the notice required by §45-5A-5. Source: SL 2013, ch 226, §1.
SD Codified L § 45-5A-5.2 (2021)
2021 South Dakota Codified Laws|Title 45 - Mining, Oil and Gas|Chapter 05A - Compensation For Damages From Mining, Oil And Gas Development|Section 45-5A-5.2 - Damages for failure to provide notice.

45-5A-5.2. Damages for failure to provide notice.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 §45-5A-5.1. Source: SL 2013, ch 226, §2; SL 2014, ch 213, §1.
SD Codified L § 45-5A-5.3 (2021)
2021 South Dakota Codified Laws|Title 45 - Mining, Oil and Gas|Chapter 05A - Compensation For Damages From Mining, Oil And Gas Development|Section 45-5A-5.3 - Exception to notice requirement.

45-5A-5.3. Exception to notice requirement.The provisions of §§45-5A-5 to 45-5A-5.2, inclusive, do not apply if the mineral developer and surface owner or surface lessee have an existing use agreement or contract regarding the property at issue. Source: SL 2013, ch 226, §3.
SD Codified L § 45-5A-6 (2021)
2021 South Dakota Codified Laws|Title 45 - Mining, Oil and Gas|Chapter 05A - Compensation For Damages From Mining, Oil And Gas Development|Section 45-5A-6 - Responsibilities of developer.

45-5A-6. Responsibilities of developer.The mineral developer is responsible for all damages to property, real or personal, resulting from the lack of ordinary care by the mineral developer. The mineral developer is also responsible for all damages to property, real or personal, resulting from an interference caused by mineral development. Source: SL 1982, ch 304, §6; SL 2011, ch 165, §194.
SD Codified L § 45-5A-7 (2021)
2021 South Dakota Codified Laws|Title 45 - Mining, Oil and Gas|Chapter 05A - Compensation For Damages From Mining, Oil And Gas Development|Section 45-5A-7 - Time for notice of damages to developer.

45-5A-7. Time for notice of damages to developer.The affected surface owner, to receive compensation, pursuant to §§45-5A-8 and 45-5A-9, shall notify the mineral developer, in writing, of the damages sustained by the affected surface owner within two years after the injury becomes apparent or should have become apparent to a reasonable person. Source: SL 1982, ch 304, §7; SL 2011, ch 165, §195.
SD Codified L § 45-5A-8 (2021)
2021 South Dakota Codified Laws|Title 45 - Mining, Oil and Gas|Chapter 05A - Compensation For Damages From Mining, Oil And Gas Development|Section 45-5A-8 - Offer of settlement by developer.

45-5A-8. Offer of settlement by developer.Unless both parties provide otherwise by written agreement, within sixty days after the mineral developer receives notice of damages the mineral developer shall make a written offer of settlement to the person seeking compensation for the damages. The person seeking compensation may accept or reject any offer so made within sixty days of receipt. Source: SL 1982, ch 304, §8.
SD Codified L § 45-5A-9 (2021)
2021 South Dakota Codified Laws|Title 45 - Mining, Oil and Gas|Chapter 05A - Compensation For Damages From Mining, Oil And Gas Development|Section 45-5A-9 - Action for compensation.

45-5A-9. Action for compensation.If the person seeking compensation receives a written rejection, rejects the offer of the mineral developer, or receives no reply, that person may bring an action for compensation in the court of proper jurisdiction. Source: SL 1982, ch 304, §9.
SD Codified L § 45-5A-10 (2021)
2021 South Dakota Codified Laws|Title 45 - Mining, Oil and Gas|Chapter 05A - Compensation For Damages From Mining, Oil And Gas Development|Section 45-5A-10 - Other remedies not precluded.

45-5A-10. Other remedies not precluded.Any remedy provided by this chapter does not preclude any person from seeking other remedies allowed by law. Source: SL 1982, ch 304, §10.
SD Codified L § 45-5A-11 (2021)
2021 South Dakota Codified Laws|Title 45 - Mining, Oil and Gas|Chapter 05A - Compensation For Damages From Mining, Oil And Gas Development|Section 45-5A-11 - Motor vehicle operation excluded from chapter.

45-5A-11. Motor vehicle operation excluded from chapter.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.
SD Codified L § 45-6-64 (2021)
2021 South Dakota Codified Laws|Title 45 - Mining, Oil and Gas|Chapter 06 - Sand, Gravel And Construction Aggregate Mining|Section 45-6-64 - Sand, gravel and construction aggregate mining--Definitions.

45-6-64. Sand, gravel and construction aggregate mining--Definitions.Terms used in §§45-6-64 to 45-6-77, inclusive, mean:(1)"Affected land," land from which overburden is to be or has been removed and land upon which overburden or waste rock is to be or has been deposited; land which is disturbed by the building of access roads, railroad loops, storage areas, or other support facilities for the purpose of mining; and unstable slopes;(2)"Board," the Board of Minerals and Environment;(3)"Department," the Department of Agriculture and Natural Resources;(4)"Operator," any person, firm, partnership, limited liability company, association, or corporation or any department, division, or agency of federal or state government or any political subdivision of the state; and(5)"Secretary," the secretary of the Department of Agriculture and Natural Resources. Source: SL 1983, ch 308, §2; SL 1994, ch 351, §106; SL 2021, ch 1 (Ex. Ord. 21-3), § 53, eff. Apr. 19, 2021.
SD Codified L § 45-6-65 (2021)
2021 South Dakota Codified Laws|Title 45 - Mining, Oil and Gas|Chapter 06 - Sand, Gravel And Construction Aggregate Mining|Section 45-6-65 - License required--Compliance with requirements--Fee.

45-6-65. License required--Compliance with requirements--Fee.An operator shall obtain a license to mine for sand, gravel, rock to be crushed and used in construction, pegmatite minerals or for limestone, iron ore, sand, gypsum, shale, pozzolan, or other materials used in the process of making cement or lime. The operator shall comply with the requirements of §§45-6-68, 45-6-69, 45-6-71, and 45-6-72 for each site to be mined. Failure to comply with these requirements for each site mined constitutes mining without a valid license.The fee for the license is an annual fee of one hundred dollars for each individual mine site authorized under the license, which shall be deposited in the environment and natural resources fee fund established in §1-41-23 by the department. Source: SL 1983, ch 308, §3; SL 1988, ch 357, §2; SL 1988, ch 358, §2; SL 1990, ch 354, §3; SL 1993, ch 331; SL 1993, ch 333, §3; SL 1994, ch 23, §10; SL 1997, ch 226, §1; SL 2009, ch 13, §3; SL 2021, ch 1 (Ex. Ord. 21-3), §§14, 53, eff. Apr. 19, 2021.
SD Codified L § 45-6-66 (2021)
2021 South Dakota Codified Laws|Title 45 - Mining, Oil and Gas|Chapter 06 - Sand, Gravel And Construction Aggregate Mining|Section 45-6-66 - Governmental units exempt from fee and security requirements.

45-6-66. Governmental units exempt from fee and security requirements.No fee or surety may be required of units of state government or political subdivisions of state government. Source: SL 1983, ch 308, §4.
SD Codified L § 45-6-67 (2021)
2021 South Dakota Codified Laws|Title 45 - Mining, Oil and Gas|Chapter 06 - Sand, Gravel And Construction Aggregate Mining|Section 45-6-67 - Operating and reclamation standards.

45-6-67. Operating and reclamation standards.An operator shall comply with the following operating and reclamation standards:(1)Surface mined areas shall be reclaimed and shaped to control erosion and eliminate hazards to domestic animals and wildlife, to protect public health and safety and the environment and to provide for appropriate future beneficial land use;(2)All refuse, machinery, equipment, and materials from the pit operation shall be disposed of in a manner so as to create the least amount of unsightliness and unproductive areas and to not pollute surface or groundwater;(3)Land shall be revegetated in such a way as agreed upon by the operator, the local conservation district and the landowner which establishes a diverse, effective, and long-lasting vegetative cover. For any future land use other than crop land, the revegetation shall be capable of self-regeneration and at least equal in extent of cover to the natural vegetation of the surrounding area;(4)If it is necessary to remove overburden in order to remove the construction aggregates, topsoil shall be removed from the affected land and segregated from other spoil. If such topsoil is not replaced on a backfill area within a time short enough to avoid deterioration of the topsoil, vegetative cover or other means shall be employed so that the topsoil is preserved from wind and water erosion, remains free of any contamination by other acid or toxic material and is in a usable condition for sustaining vegetation when restored during reclamation;(5)Any disturbance to the prevailing hydrologic balance of the affected land and of the surrounding area and to the quality and quantity of water in surface and groundwater systems both during and after the pit operation and during reclamation shall be minimized. Operations shall be conducted to protect all waters from pollution by siltation, waste, debris and toxic fluids or materials;(6)All surface areas of the affected land, including spoil piles, shall be stabilized and protected so as to effectively control erosion and attendant air and water pollution. Noxious weed infestations shall be controlled during all phases of the pit operation and reclamation; and(7)Any area outside of the affected land shall be protected from slides, subsidence, or damage occurring during the mining operation and reclamation. All high walls shall be reduced to a slope not greater than the angle of repose upon abandonment of the mining operation, unless such a reduction would create conditions more detrimental than preservation of the high wall. Prior to slope reduction, the operator shall take precautions to limit access to the high wall area and to warn the public of the high wall. Such precautions shall include fencing and posting of warning signs. If high wall reduction is deemed impossible, impractical or aesthetically undesirable by the board, the board shall prescribe adequate fencing. Source: SL 1983, ch 308, §5.
SD Codified L § 45-6-67.1 (2021)
2021 South Dakota Codified Laws|Title 45 - Mining, Oil and Gas|Chapter 06 - Sand, Gravel And Construction Aggregate Mining|Section 45-6-67.1 - Reclamation by owner--Time limit--Extension--Forfeiture of surety.

45-6-67.1. Reclamation by owner--Time limit--Extension--Forfeiture of surety.Any reclamation provided for in §45-6-67 shall be carried to completion by the operator with all reasonable diligence, and final reclamation shall be completed within three years after all mining under the license has ceased operation, unless such period is extended by the Board of Minerals and Environment upon a finding that additional time is necessary for the completion of final reclamation of all licensed sites. Failure to complete final reclamation within three years after all mining under the license has ceased may result in the forfeiture of the surety. Source: SL 1992, ch 254, §86.
SD Codified L § 45-6-68 (2021)
2021 South Dakota Codified Laws|Title 45 - Mining, Oil and Gas|Chapter 06 - Sand, Gravel And Construction Aggregate Mining|Section 45-6-68 - Publication of notice of mine operation--Contents.

45-6-68. Publication of notice of mine operation--Contents.The operator shall publish notice of each mine operation once in a newspaper of general circulation in the locality of the operation at least fourteen days before the commencement of mining. The notice shall contain the identity and address of the operator and resident agent, the location of the mining operation, whether the mineral to be mined is sand, gravel, or rock to be crushed and used in construction, the dates of commencement and completion of the operation, the proposed future use of the affected land and the location where additional information about the operation may be obtained. Source: SL 1983, ch 308, §6.
SD Codified L § 45-6-69 (2021)
2021 South Dakota Codified Laws|Title 45 - Mining, Oil and Gas|Chapter 06 - Sand, Gravel And Construction Aggregate Mining|Section 45-6-69 - Notice of operation to public agencies--Contents--Time required.

45-6-69. Notice of operation to public agencies--Contents--Time required.The operator shall submit notification, consisting of a map of the affected area and the information required in the newspaper notice to the South Dakota Department of Agriculture and Natural Resources, the South Dakota Department of Game, Fish and Parks, the South Dakota Department of Education, and the local conservation district, of the operator's intent to commence mining at a new mine site at least thirty days before beginning mining operations. Source: SL 1983, ch 308, §7; SL 2003, ch 272 (Ex. Ord. 03-1), §63; SL 2011, ch 165, §197; SL 2021, ch 1 (Ex. Ord. 21-3), § 53, eff. Apr. 19, 2021.
SD Codified L § 45-6-70 (2021)
2021 South Dakota Codified Laws|Title 45 - Mining, Oil and Gas|Chapter 06 - Sand, Gravel And Construction Aggregate Mining|Section 45-6-70 - Emergency waiver of notice requirements.

45-6-70. Emergency waiver of notice requirements.When an emergency situation exists and when in the public interest, the secretary of agriculture and natural resources may waive the minimum fourteen-day advertising requirements and thirty-day notice requirement of §§45-6-68 and 45-6-69. Source: SL 1983, ch 308, §8; SL 2021, ch 1 (Ex. Ord. 21-3), § 53, eff. Apr. 19, 2021.