reglab/housing_qa huggingface dataset:
SD Codified L § 5-7-25.1 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 07 - Minerals On School And Public Lands|Section 5-7-25.1 - Geothermal resources--Additional provisions applicable to.

5-7-25.1. Geothermal resources--Additional provisions applicable to.The provisions of §§5-7-25 to 5-7-37, inclusive, apply to geothermal resources. Source: SL 1980, ch 40, §10.
SD Codified L § 5-7-26 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 07 - Minerals On School And Public Lands|Section 5-7-26 - Leases assignable--Minimum tract assignable.

5-7-26. Leases assignable--Minimum tract assignable.All oil, gas, and geothermal resources leases shall be assignable in whole or in part, provided no assignment of less than a legal subdivision shall be recognized or approved by the commissioner of school and public lands. The term "legal subdivision" as used herein shall be construed in the ordinary sense as used and recognized in the Bureau of Land Management of the United States. Source: SL 1931, ch 203, §4; SDC 1939, §15.0512.
SD Codified L § 5-7-27 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 07 - Minerals On School And Public Lands|Section 5-7-27 - Execution and acknowledgment of assignments of leases--Filing and recordation--Form and fees.

5-7-27. Execution and acknowledgment of assignments of leases--Filing and recordation--Form and fees.The assignments provided for in §5-7-26 shall be executed and acknowledged in duplicate in the manner prescribed for conveyance of real estate in this state, and subject to recordation as other instruments conveying real estate and, in addition thereto, a duplicate original shall be filed in the office of the commissioner of school and public lands who shall record same in permanent form in his office as a public record and shall return the original to the person entitled thereto after recording. The approval of the commissioner shall be noted upon all originals of the assignment. The commissioner shall prescribe the form to be used for such assignments and shall fix a reasonable fee for the filing, recording, and approval of the same. Source: SL 1931, ch 203, §4; SDC 1939, §15.0512.
SD Codified L § 5-7-28 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 07 - Minerals On School And Public Lands|Section 5-7-28 - Grounds for refusal to approve assignment of lease.

5-7-28. Grounds for refusal to approve assignment of lease.The commissioner of school and public lands shall have the right to refuse approval of any assignment not executed in proper form or by the proper person or persons, or when the lease is not in good standing as to the assigned tracts, or when litigation is pending affecting the lease or the interest of any person therein. Source: SL 1931, ch 203, §4; SDC 1939, §15.0512.
SD Codified L § 5-7-29 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 07 - Minerals On School And Public Lands|Section 5-7-29 - Effect of approved assignment of lease.

5-7-29. Effect of approved assignment of lease.Upon approval by the commissioner of school and public lands of an assignment, the assignor shall stand relieved from all obligations to the state with respect to the lands embraced in the assignment and the state shall likewise be relieved from all obligations to the assignor as to such tract or tracts, and thereupon, the assignee shall succeed to all of the rights and privileges of the assignor with respect to such tracts and shall be held to have assumed all of the duties and obligations of the assignor to the state as to such tracts. Source: SL 1931, ch 203, §4; SDC 1939, §15.0512.
SD Codified L § 5-7-30 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 07 - Minerals On School And Public Lands|Section 5-7-30 - Grounds for cancellation of lease--Notice of intent to cancel and opportunity to remedy default.

5-7-30. Grounds for cancellation of lease--Notice of intent to cancel and opportunity to remedy default.The commissioner of school and public lands is hereby authorized to cancel any lease issued as provided in §§5-7-18 to 5-7-32, inclusive, for nonpayment of rentals or nonperformance by the lessee of any requirement of the lease. With the exception of the nonpayment of rentals on or before the date they are due, if any such cancellation shall be made, the commissioner must mail to the lessee or assignee, by registered or certified letter addressed to the post office address of such lessee or assignee shown by the records of the office of the commissioner, a notice of intention to cancel said lease, specifying the default for which the lease is subject to cancellation and if within thirty days after the mailing of said notice to the lessee or assignee he shall remedy the default specified in such notice, then no cancellation of said lease shall be ordered by the commissioner but, otherwise, the cancellation shall be made and all the rights of the lessee or assignee under the lease shall thereupon terminate. No notice of intention to cancel shall be required where the default is the nonpayment of rentals on or before the date they are due.The mailing of the notice as provided in this section shall constitute notice of the intention of the commissioner to cancel the lease and no proof of receipt of such notice shall be necessary or required. Source: SL 1931, ch 203, §8; SDC 1939, §15.0513; SL 1953, ch 45.
SD Codified L § 5-7-31 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 07 - Minerals On School And Public Lands|Section 5-7-31 - Correction of mistaken land descriptions in leases.

5-7-31. Correction of mistaken land descriptions in leases.Whenever any person, firm, or corporation has been granted a lease or leases and has not tested or prospected the land so leased and a mistake has been made in the description of the land, there may be substituted therefor other land for that leased, under such rules and regulations as may be prescribed by the commissioner of school and public lands; provided however, that such application for such correction must be made within six months from the date of the lease. Source: SL 1931, ch 203, §11; SDC 1939, §15.0514.
SD Codified L § 5-7-32 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 07 - Minerals On School And Public Lands|Section 5-7-32 - Pooling agreements on behalf of state authorized.

5-7-32. Pooling agreements on behalf of state authorized.The commissioner of school and public lands is hereby authorized, in his discretion, to enter into agreements on behalf of the State of South Dakota for the pooling of acreage under his jurisdiction with other acreage for unit operations for the production of oil, gas, or geothermal resources and for the apportionment of oil, gas, or geothermal resources royalties on an acreage or other equitable basis. Source: SL 1939, ch 164, §1; SDC Supp 1960, §42.0815; SL 1976, ch 20, §3.
SD Codified L § 5-7-33 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 07 - Minerals On School And Public Lands|Section 5-7-33 - Deposit of collections from leases in treasury.

5-7-33. Deposit of collections from leases in treasury.The commissioner of school and public lands shall deposit the money realized from leasing of mineral interests owned by the state, or held in trust by the state with the state treasurer and direct that such money be credited to the appropriate fund. Source: SL 1953, ch 72, §1; SDC Supp 1960, §15.0516 (2); SL 1985, ch 39, §2.
SD Codified L § 5-7-34 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 07 - Minerals On School And Public Lands|Section 5-7-34 - Apportionment of receipts from leasing of school, indemnity and endowment lands.

5-7-34. Apportionment of receipts from leasing of school, indemnity and endowment lands.All money received from the leasing of all common school, indemnity, and endowment lands for oil and gas and other mineral or geothermal resources leasing of said lands shall be apportioned as follows:Fifty percent shall be credited to the permanent school funds and fifty percent thereof into the several interest and income funds in the following proportions, to wit:Common school 82.02289745South Dakota State University 4.66838105University of South Dakota 2.51170245Educational and charitable .72960665Department of Corrections, juvenile programs 1.16718575School for Deaf 1.16728565School for Blind and Visually Impaired .72952995South Dakota Developmental Center--Redfield 1.16726135School of Mines and Technology 1.16728735Black Hills and Dakota State Universities 3.11243403Northern State University 1.55642832 Source: SL 1955, ch 53; SL 1985, ch 39, §3; SL 1989, ch 170, §1; SL 1989, ch 238, §4; SL 1998, ch 110, §3; SL 2002, ch 132, §3.
SD Codified L § 5-7-36 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 07 - Minerals On School And Public Lands|Section 5-7-36 - Records of mineral interests and leases maintained by commissioner.

5-7-36. Records of mineral interests and leases maintained by commissioner.The commissioner of school and public lands shall keep in his office a full and complete record of all lease lettings, sales, copies of all leases, a record of the payment of the rentals, a record of the assignment of the leases, a record of the acquisition of all mineral interests, a record of the royalties due and paid, and such other information as shall be determined by him to be of value to the State of South Dakota and the owners of mineral interests and leases. Source: SL 1953, ch 72, §1; SDC Supp 1960, §15.0516 (4).
SD Codified L § 5-7-37 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 07 - Minerals On School And Public Lands|Section 5-7-37 - Rules and regulations governing leasing--Promulgation.

5-7-37. Rules and regulations governing leasing--Promulgation.The commissioner of school and public lands shall from time to time promulgate such rules and regulations, not in conflict with any of the provisions of this chapter, as may be necessary or proper for carrying out such provisions governing the duties of the commissioner in executing leases of mineral, oil, gas, or geothermal resources rights, specifically prescribing forms to be used, fixing minimum bonus and rentals, and prescribing the method of sale, whether private or by public auction, or either or both. Source: SL 1919, ch 305, §9; SL 1931, ch 203, §10; SDC 1939, §15.0502.
SD Codified L § 5-7-38 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 07 - Minerals On School And Public Lands|Section 5-7-38 - Water law provisions applicable to certain geothermal leases.

5-7-38. Water law provisions applicable to certain geothermal leases.All leases granted by the commissioner of school and public lands for the development of geothermal resources for industrial or commercial heating or production of electricity or minerals in solution, are subject to all of the provisions of chapters 46-5 and 46-6, inclusive. Source: SL 1980, ch 40, §12.
SD Codified L § 5-7-39 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 07 - Minerals On School And Public Lands|Section 5-7-39 - Validation of oil and gas leases prior to July 1, 1981.

5-7-39. Validation of oil and gas leases prior to July 1, 1981.Any oil and gas lease executed by the Governor and the commissioner of school and public lands prior to July 1, 1981, is, notwithstanding any omissions, irregularities, or defects in the procedures, including publications, taken by the State of South Dakota in leasing the same, hereby validated and cured to the extent that the lease shall operate to convey to the person named as the lessee in the lease all of the rights provided in the lease. Source: SL 1982, ch 51, §1.
SD Codified L § 5-7-40 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 07 - Minerals On School And Public Lands|Section 5-7-40 - Limitation of actions to contest validity of oil and gas leases.

5-7-40. Limitation of actions to contest validity of oil and gas leases.If any person has a vested right in any real property leased and desires to contest the validity of an oil and gas lease and no action to enforce such right is begun before July 1, 1983, such right shall be forever barred. No action so brought shall be of any force or effect, or maintained in any court in this state, unless before July 1, 1983, there is recorded in the office of the register of deeds of the county in which the real estate is situated, a notice of pendency of such action, in accordance with the provisions of chapter 15-10. Source: SL 1982, ch 51, §2.
SD Codified L § 5-7-41 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 07 - Minerals On School And Public Lands|Section 5-7-41 - Assignment of certain state-owned minerals to oil and gas royalty increment status--Required findings.

5-7-41. Assignment of certain state-owned minerals to oil and gas royalty increment status--Required findings.The commissioner of school and public lands may, upon his own motion or upon petition by an interested person assign, specific state-owned minerals to oil and gas royalty increment status. The assignment shall be made pursuant to the contested case requirements of chapter 1-26 and shall include a legal description of the state mineral lands assigned the status and a specific term, under ten years, during which the lands may be leased as on an oil and gas royalty increment status. The assignment may be made only upon a finding by the commissioner that:(1)There has been no oil or gas production on the state-owned mineral land proposed to be assigned royalty increment status, and on private or federal minerals within the immediate area;(2)There has been no oil or gas lease issued on the state-owned mineral land proposed to be assigned royalty increment status within the last ten years;(3)There has been no oil or gas prospecting permit issued for the state-owned mineral land proposed to be assigned royalty increment status within the last five years;(4)There has been no exploration permit for oil or gas issued by the Department of Agriculture and Natural Resources in the immediate area of the state-owned mineral land proposed to be assigned royalty increment status within the last five years;(5)The assignment of oil and gas royalty increment status to the state-owned minerals may encourage the development of oil or gas reserves on those lands; and(6)The assignment will not have a substantial impact on privately owned minerals within the immediate area surrounding the state-owned mineral land proposed to be assigned royalty increment status. Source: SL 1992, ch 43, §1; SL 2021, ch 1 (Ex. Ord. 21-3), § 14, eff. Apr. 19, 2021.
SD Codified L § 5-7-42 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 07 - Minerals On School And Public Lands|Section 5-7-42 - Amount of royalty for leases of lands assigned oil and gas royalty increment status.

5-7-42. Amount of royalty for leases of lands assigned oil and gas royalty increment status.Notwithstanding the provisions of §5-7-24, the commissioner may offer oil and gas leases for lands assigned oil and gas royalty increment status with a royalty of one-sixteenth of the oil and gas produced, saved and marketed from the leased lands for the first three years of the lease. The royalty on the lease shall automatically increase to one-twelfth of the oil and gas produced, saved and marketed from the leased lands for the second three years of the lease. Thereafter, the royalty on the lease shall automatically increase to a minimum of one-eighth of the oil and gas produced, saved and marketed from the leased lands, as established by the commissioner. All other terms of the oil and gas lease for state minerals assigned royalty increment status shall be the same as the standard oil and gas lease for state minerals. Source: SL 1992, ch 43, §2.
SD Codified L § 5-7-43 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 07 - Minerals On School And Public Lands|Section 5-7-43 - Royalty increments for commingled lands assigned oil and gas royalty increment status.

5-7-43. Royalty increments for commingled lands assigned oil and gas royalty increment status.The royalty increments of an oil and gas lease for lands assigned royalty increment status may not be altered due to the shut-in of a well. If the mineral lands assigned oil and gas royalty increment status are pooled, unitized, or otherwise commingled with production from other areas, the royalty increment status assignment shall automatically expire and the royalty on the involved state minerals shall automatically increase to a minimum of one-eighth of the oil and gas produced, saved, and marketed from the leased lands, as established by the commissioner. Source: SL 1992, ch 43, §3.
SD Codified L § 5-7-44 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 07 - Minerals On School And Public Lands|Section 5-7-44 - Leases offered only during term of royalty increment status.

5-7-44. Leases offered only during term of royalty increment status.Royalty increment status leases may be offered only during the term in which the state-owned minerals are assigned royalty increment status. Source: SL 1992, ch 43, §4.
SD Codified L § 5-7-45 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 07 - Minerals On School And Public Lands|Section 5-7-45 - Commissioner authorized to issue leases for prospecting, exploration and mining.

5-7-45. Commissioner authorized to issue leases for prospecting, exploration and mining.The commissioner may execute and issue in the name of the State of South Dakota, as lessor, leases for the sole and exclusive purpose of prospecting, exploration, and mining of all minerals upon or from any public lands over which the commissioner has jurisdiction, direction, control, care, and disposition under the constitution and laws of the State of South Dakota, such leases to be issued upon such terms and conditions as the commissioner may deem to be in the best interests of the State of South Dakota and not inconsistent with the provisions of this chapter. Source: SL 1993, ch 53, §1.
SD Codified L § 5-7-46 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 07 - Minerals On School And Public Lands|Section 5-7-46 - Penalties for fraud.

5-7-46. Penalties for fraud.Any lessee of mineral lands under this chapter who conceals, or attempts to conceal any sale of ores or mineral products derived therefrom on which a royalty is payable, or who defrauds, or attempts to defraud, the state out of any such royalty is subject to a civil penalty of not more than one thousand dollars for each day of violation. In addition, such civil penalty does not operate as a bar to the collection of amounts owed to the state by such lessee; and his lease shall be forfeited in the manner provided in this chapter. Source: SL 1993, ch 53, §2.
SD Codified L § 5-7-47 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 07 - Minerals On School And Public Lands|Section 5-7-47 - Inspection of records.

5-7-47. Inspection of records.The commissioner may inspect all records or books of account pertaining to the mining, extraction, transportation, reduction, and returns of all ores taken from such leased lands. Source: SL 1993, ch 53, §3.
SD Codified L § 5-7-48 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 07 - Minerals On School And Public Lands|Section 5-7-48 - Preferential right of lessee to renew or purchase leased lands.

5-7-48. Preferential right of lessee to renew or purchase leased lands.Any lessee of lands subject to a mineral lease, or the heirs, successors or assigns of such lessee, have a preferential right to renew the lease or to purchase or lease any estate in such lands that the state intends to sell, lease, or otherwise dispose of during the term of the mineral lease on the same terms and conditions as the state otherwise intends to lease, sell, or otherwise dispose of such estate. If the mineral lessee does not exercise such preferential right and the commissioner sells or leases any estate in such lands subject to a mineral lease, including an estate or lease for agricultural, meadow, pasturage, or other purposes, the rights of the purchaser or lessee of such estate are subordinate to the rights of the mineral lessee. Source: SL 1993, ch 53, §4.
SD Codified L § 5-7-49 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 07 - Minerals On School And Public Lands|Section 5-7-49 - Definitions.

5-7-49. Definitions.The term, minerals, as used in this chapter means all mineral deposits, whether lode, placer, or otherwise. The term, lessee, as used in this chapter includes an assignee under an approved assignment. The term, legal subdivision, as used in this chapter, has its ordinary meaning, as used and recognized by the Bureau of Land Management of the United States and the Office of School and Public Lands of the State of South Dakota. Source: SL 1993, ch 53, §5.
SD Codified L § 5-7-50 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 07 - Minerals On School And Public Lands|Section 5-7-50 - Validity of leases prior to 1993 amendments to this chapter.

5-7-50. Validity of leases prior to 1993 amendments to this chapter.All prospecting permits and leases issued prior to July 1, 1993 which have not expired, or which have not been canceled legally for nonperformance, are hereby declared to be valid and existing contracts with the State of South Dakota according to their terms and provisions, and the commissioner shall accept and recognize all such permits and leases according to their terms and provisions. Source: SL 1993, ch 53, §6.
SD Codified L § 5-7-51 (2021)
2021 South Dakota Codified Laws|Title 5 - Public Property, Purchases and Contracts|Chapter 07 - Minerals On School And Public Lands|Section 5-7-51 - Relinquishment of prospecting permit.

5-7-51. Relinquishment of prospecting permit.Any legal owner of any prospecting permit issued by the commissioner prior to July 1, 1993, if not in default of any of the provisions thereof, may relinquish such permit to the state and, upon application filed at the time of filing such relinquishment, the commissioner shall issue a lease in accordance with the provisions of this chapter. Source: SL 1993, ch 53, §7.