reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 04 - Location And Working Of Mining Claims › Section 45-4-2 - Conditions precedent to filing of location certificate.

45-4-2. Conditions precedent to filing of location certificate.
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 discovery, the number of feet claimed in length on either side of the discovery, and the number of feet in width claimed on each side of the lode; and
(2)By marking the surface boundaries of the claim.
Source:
PolC 1877, ch 31, §5; SL 1881, ch 96, §3; CL 1887, §2001; SL 1899, ch 115, §2; RPolC 1903, §2536; RC 1919, §8730; SDC 1939, §42.0107; SL 1955, ch 152, §2; SL 2011, ch 165, §167.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 04 - Location And Working Of Mining Claims › Section 45-4-3 - Marking surface boundaries of claim.

45-4-3. Marking surface boundaries of claim.
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 and one at the center of each side line and one at each end of the lode. If it is impracticable because of rock or precipitous ground to sink such posts, they may be placed in a monument of stone.
Source:
PolC 1877, ch 31, §6; SL 1881, ch 96, §4; CL 1887, §2002; RPolC 1903, §2537; RC 1919, §8731; SDC 1939, §42.0108; SL 2011, ch 165, §168.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 04 - Location And Working Of Mining Claims › Section 45-4-4 - Location certificate--Recording of claim--Contents--Validity.

45-4-4. Location certificate--Recording of claim--Contents--Validity.
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 locators;
(3)The date of location;
(4)If a lode claim, the number of linear feet in length claimed along the course of the vein each way from the point of discovery, with the width claimed on each side of the center of the vein; the general course of the vein or lode as near as may be; and a description of the claim located by reference to some natural object or permanent monument as will identify the claim.
Any location certificate of a lode claim that does not contain the information specified in this section is void.
Source:
PolC 1877, ch 31, §§3, 4; SL 1881, ch 96, §§1, 2; CL 1887, §§1999, 2000; SL 1899, ch 113; RPolC 1903, §§2534, 2535; RC 1919, §§8728, 8729; SDC 1939, §§42.0103, 42.0104; SL 1955, ch 152, §1; SL 2011, ch 165, §169.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 04 - Location And Working Of Mining Claims › Section 45-4-5 - Location certificate limited to single location.

45-4-5. Location certificate limited to single location.
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 together or so that it cannot be determined which location is first described, the certificate is void for all locations described in the certificate.
Source:
PolC 1877, ch 31, §17; CL 1887, §2011; RPolC 1903, §2546; RC 1919, §8740; SDC 1939, §42.0106; SL 2011, ch 165, §170.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 04 - Location And Working Of Mining Claims › Section 45-4-6 - Dimensions of lode claim--Determination of width by election.

45-4-6. Dimensions of lode claim--Determination of width by election.
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 than three hundred feet but not less than twenty-five feet on each side of the vein or lode.
Source:
PolC 1877, ch 31, §§1, 2; CL 1887, §§1997, 1998; SL 1899, ch 115, §1; RPolC 1903, §§2532, 2533; RC 1919, §§8726, 8727; SDC 1939, §42.0102; SL 2011, ch 165, §171.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 04 - Location And Working Of Mining Claims › Section 45-4-7 - Fee for recording and certification of location certificate--Certified copy.

45-4-7. Fee for recording and certification of location certificate--Certified copy.
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, §18; CL 1887, §2012; RPolC 1903, §2547; RC 1919, §8741; SDC 1939, §42.0105; SL 1976, ch 268, §2; SL 2011, ch 165, §172.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 04 - Location And Working Of Mining Claims › Section 45-4-8 - Additional location certificate--Relocation--Existing rights of others not affected--Claimant not precluded from proving title under previous location.

45-4-8. Additional location certificate--Relocation--Existing rights of others not affected--Claimant not precluded from proving title under previous location.
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 to take in any part of an overlapping claim which has been abandoned;
the locator or the locator's assigns may file an additional certificate subject to the provisions of this chapter. No such relocation interferes with the existing rights of others at the time of the relocation, and no such relocation nor the record of any such relocation precludes the claimant from proving any such title as the claimant may have held under any previous location.
Source:
PolC 1877, ch 31, §13; CL 1887, §2008; RPolC 1903, §2543; RC 1919, §8737; SDC 1939, §42.0114; SL 2011, ch 165, §173.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 04 - Location And Working Of Mining Claims › Section 45-4-9 - Relocation of abandoned lode--Fixing of boundaries--Erection of new discovery monument--Contents of relocation certificate.

45-4-9. Relocation of abandoned lode--Fixing of boundaries--Erection of new discovery monument--Contents of relocation certificate.
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 monument shall be erected. In any case whether the whole or part of an abandoned claim is taken, the location certificate must state that the whole or any part of the new location is located as abandoned property.
Source:
PolC 1877, ch 31, §16; CL 1887, §2010; RPolC 1903, §2545; RC 1919, §8739; SDC 1939, §42.0116; SL 1955, ch 152, §4.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 04 - Location And Working Of Mining Claims › Section 45-4-10 - Location certificate--Surface ground included and excluded.

45-4-10. Location certificate--Surface ground included and excluded.
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 parts of the lodes or ledges as they continue by dip beyond the side lines of the claim. The lode claim does not include any portion of such lodes or ledges beyond the end lines of the claim or the end lines continued, whether by dip or otherwise, or beyond the side lines in any other manner than by the dip of the lode.
Source:
PolC 1877, ch 31, §9; CL 1887, §2005; RPolC 1903, §2540; RC 1919, §8734; SDC 1939, §42.0111; SL 2011, ch 165, §174.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 04 - Location And Working Of Mining Claims › Section 45-4-11 - Longitudinal limits of claim.

45-4-11. Longitudinal limits of claim.
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 exterior.
Source:
PolC 1877, ch 31, §10; CL 1887, §2006; RPolC 1903, §2541; RC 1919, §8735; SDC 1939, §42.0112.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 04 - Location And Working Of Mining Claims › Section 45-4-13 - Right to mine separate from right to surface--Security required of miner--Enforcement.

45-4-13. Right to mine separate from right to surface--Security required of miner--Enforcement.
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 given.
Source:
PolC 1877, ch 31, §12; CL 1887, §2007; RPolC 1903, §2542; RC 1919, §8736; SDC 1939, §42.0113.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 04 - Location And Working Of Mining Claims › Section 45-4-14 - Fencing of mining claim or mineral property for protection of livestock--Duties on abandonment--Liability for damages--Violation as misdemeanor.

45-4-14. Fencing of mining claim or mineral property for protection of livestock--Duties on abandonment--Liability for damages--Violation as misdemeanor.
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 secure and safe, either by means of a substantial fence or otherwise, to guard against the possibility of livestock falling into or becoming injured or destroyed by reason of the openings. Before abandoning the discovery shafts, open cuts, adits, or equivalents, the person, firm, association, or corporation shall fill in or slope such openings, as a further precaution. Any person, firm, association, or corporation that fails or refuses to fully comply with this section is liable in damages for injury to or destruction of livestock caused thereby to the owner of the livestock and is guilty of a Class 2 misdemeanor.
Source:
SL 1955, ch 153; SDC Supp 1960, §§42.0119, 42.9909; SL 1983, ch 15, §18; SL 2011, ch 165, §175.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 04 - Location And Working Of Mining Claims › Section 45-4-15 - Actions involving mining claims--Proof of customs, usages, or regulations.

45-4-15. Actions involving mining claims--Proof of customs, usages, or regulations.
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 States, must govern the decision of the action.
Source:
CCivP 1877, §649; CL 1887, §5463; RCCivP 1903, §689; RC 1919, §2865; SDC 1939 & Supp 1960, §37.1522.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 04 - Location And Working Of Mining Claims › Section 45-4-16 - Actions involving mining claims--Survey ordered by court.

45-4-16. Actions involving mining claims--Survey ordered by court.
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 property in dispute as may be necessary to a just determination of the question involved.
Source:
PolC 1877, ch 31, §19; CL 1887, §2014; RPolC 1903, §2548; RC 1919, §8742; SDC 1939, §42.0117; SL 2011, ch 165, §176.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 04 - Location And Working Of Mining Claims › Section 45-4-17 - Order requiring survey of disputed claim--Designation of surveyor--Witnesses to examine property.

45-4-17. Order requiring survey of disputed claim--Designation of surveyor--Witnesses to examine property.
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 appoint some competent surveyor to be selected by the adverse applicant who shall attend the survey and observe the method of making the survey at the cost of the party asking for the survey. The order may specify the names of witnesses named by either party, not exceeding three on each side, who may enter into and examine the property.
Source:
PolC 1877, ch 31, §19; CL 1887, §2014; RPolC 1903, §2548; RC 1919, §8742; SDC 1939, §42.0117; SL 2011, ch 165, §177.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 04 - Location And Working Of Mining Claims › Section 45-4-18 - Order requiring survey of disputed claim to be made in open court or upon notice--Agreement--Affidavits.

45-4-18. Order requiring survey of disputed claim to be made in open court or upon notice--Agreement--Affidavits.
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 suit. The affidavits shall state the facts in the case and the necessity for the survey. No such order may be made unless it appears that the party asking for the order has been refused the privilege of survey and inspection by the adverse party.
Source:
PolC 1877, ch 31, §19; CL 1887, §2014; RPolC 1903, §2548; RC 1919, §8742; SDC 1939, §42.0117; SL 2011, ch 165, §178.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 04 - Location And Working Of Mining Claims › Section 45-4-19 - Order for removal of obstacles in drifts or shafts.

45-4-19. Order for removal of obstacles in drifts or shafts.
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 1919, §8742; SDC 1939, §42.0117; SL 2011, ch 165, §179.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 04 - Location And Working Of Mining Claims › Section 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.

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.
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 persons in possession;
(2)Entering the lode or mining claim for such purposes; or
(3)Entering a lode, gulch, placer claim, quartz mill, or other mining property, or, not being upon the property but being within hearing distance of the property, and making threats or use of any language, sign, or gesture calculated to intimidate any person at work on the property or from continuing work on or in the property, or intimidating others from working on or in the property,
is guilty of a Class 1 misdemeanor.
Source:
PenC 1877, §735; CL 1887, §6926; RPenC 1903, §759; RC 1919, §4375; SDC 1939, §13.1826; SL 1983, ch 15, §19; SL 2011, ch 165, §180.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 04 - Location And Working Of Mining Claims › Section 45-4-21 - Trials under § 45-4-20--Evidence sufficient for conviction.

45-4-21. Trials under §45-4-20--Evidence sufficient for conviction.
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 committing such acts, although the parties may not be associated together at the time of committing the acts.
Source:
PenC 1877, §735; CL 1887, §6926; RPenC 1903, §759; RC 1919, §4375; SDC 1939, §13.1826; SL 2011, ch 165, §181.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 04 - Location And Working Of Mining Claims › Section 45-4-22 - Writs of injunction to restore person to possession of mining property.

45-4-22. Writs of injunction to restore person to possession of mining property.
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 possession of which the person is kept by threats; or
(3)If such possession was taken from the person by entry of the adverse party on a Sunday or legal holiday or while the party in possession was temporarily absent from the property.
The granting of the writ extends only to the right of possession under the facts of the case with respect to the manner in which the possession was obtained, leaving the parties to their legal rights on all other questions as though no such writ had been issued.
Source:
PolC 1877, ch 31, §20; CL 1887, §2015; RPolC 1903, §2549; RC 1919, §8743; SDC 1939, §42.0118; SL 2011, ch 165, §182.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 04 - Location And Working Of Mining Claims › Section 45-4-23 - Recording required--Affidavit of labor--Recording fee.

45-4-23. Recording required--Affidavit of labor--Recording fee.
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, improvements made, or other compliance requirements met, shall cause to be recorded with the register of deeds either:
(1)An affidavit specifying any such labor or improvements; or
(2)An affidavit or other recordable document specifying compliance with federal law. Any such instrument recorded with the register of deeds on or before December 30, 1993, specifying compliance with federal law for assessment year 1993 shall be effective to satisfy the 1993 filing requirements of this statute.
The register of deeds shall charge and receive a fee for recording the instruments included in this section in accordance with subdivisions 7-9-15(1) and (2) and an additional fee of twenty-five cents for each such claim listed.
Source:
SL 1993, ch 330, §2; SL 1994, ch 338, §2.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 05 - Right-Of-Way To Mines › Section 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.

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.
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 or water and tailings from the mining claim; or without a connecting shaft or tunnel; and if the road, ditch, cut, flume, shaft, or tunnel would necessarily pass over, under, through, or across any lands or mining claims owned or occupied by others under a patent from the United States or otherwise, the owner of the mine or mining claim is entitled to a right-of-way for the road, ditch, cut, flume, shaft, or tunnel over, under, through, and across the other lands or mining claims upon compliance with the provisions of this chapter. If the mine or mining claim cannot be conveniently worked without the necessary construction on property owned either in total or in part by others of devices, treatment and tailings ponds, or other installations for treatment of air or water pollution in order to comply with state or federal air and water pollution statutes, rules, or regulations, the owner of the mine or mining claim may exercise the power of eminent domain as to the surface estate only. In the exercise of eminent domain, the owner may proceed as condemnation proceedings are conducted by the state Department of Transportation pursuant to chapter 31-19, or as may otherwise be provided.
Source:
SL 1881, ch 97, §§1, 2; CL 1887, §§2016, 2017; RPolC 1903, §§2550, 2551; RC 1919, §§8744, 8745; SDC 1939, §42.0201; SL 1976, ch 269; SL 2011, ch 165, §183.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 05 - Right-Of-Way To Mines › Section 45-5-2 - Petition for right-of-way--Filing with clerk of circuit court--Verification--Contents--Demand for relief.

45-5-2. Petition for right-of-way--Filing with clerk of circuit court--Verification--Contents--Demand for relief.
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 of the mining claim and the owner of the claim over, under, across, or upon which the owner of the mining claim seeks to establish the right-of-way, the owner of the mining claim may present to the judge of the circuit court for the county in which the desired right-of-way or some part of the right-of-way is situated, and file with the clerk of the court a petition requesting that the right-of-way be awarded. The petition shall be verified and contain a description of the character and extent of the right sought, a description of the mine or claim of the petitioner, and the claim on lands to be affected by the right or privilege, with the names of the occupants or owners of the lands. The petition may also set forth any tender or offer mentioned in §45-5-14 and shall demand the relief sought.
Source:
SL 1881, ch 97, §3; CL 1887, §2018; RPolC 1903, §2552; RC 1919, §8746; SDC 1939, §42.0202; SL 2011, ch 165, §184.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 05 - Right-Of-Way To Mines › Section 45-5-3 - Order to show cause--Service--Time for hearing.

45-5-3. Order to show cause--Service--Time for hearing.
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 the service of the order, and show cause why the right-of-way should not be allowed as requested. The order shall be served on each of the parties in the manner prescribed by law for serving summons in a civil action.
Source:
SL 1881, ch 97, §4; CL 1887, §2019; RPolC 1903, §2553; RC 1919, §8747; SDC 1939, §42.0203; SL 2011, ch 165, §185.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 05 - Right-Of-Way To Mines › Section 45-5-4 - Hearing on petition--Award of right-of-way--Appointment of commissioners to assess damages.

45-5-4. Hearing on petition--Award of right-of-way--Appointment of commissioners to assess damages.
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 privilege requested, the judge shall make an order adjudging and awarding to the petitioner the right-of-way, and shall appoint three commissioners who shall be disinterested residents of the county to assess the damage resulting to the lands or claims affected by the order.
Source:
SL 1881, ch 97, §5; CL 1887, §2020; RPolC 1903, §2554; RC 1919, §8748; SDC 1939, §42.0204; SL 2011, ch 165, §186.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 05 - Right-Of-Way To Mines › Section 45-5-5 - Assessment of damages by commissioners.

45-5-5. Assessment of damages by commissioners.
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 shall report the amount to the judge appointing them. If the right-of-way affects the property of more than one person or company, the report shall contain an assessment of the damages to each company or person.
Source:
SL 1881, ch 97, §6; CL 1887, §2021; RPolC 1903, §2555; RC 1919, §8749; SDC 1939, §42.0205; SL 2011, ch 165, §187.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 05 - Right-Of-Way To Mines › Section 45-5-6 - Payment or tender of damages--Use of right-of-way.

45-5-6. Payment or tender of damages--Use of right-of-way.
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 structures and conduct excavations in the right-of-way as may be necessary to the use and enjoyment of the right-of-way.
Source:
SL 1881, ch 97, §8; CL 1887, §2023; RPolC 1903, §2557; RC 1919, §8751; SDC 1939, §42.0207; SL 2011, ch 165, §188.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 05 - Right-Of-Way To Mines › Section 45-5-7 - Report of commissioners may be set aside.

45-5-7. Report of commissioners may be set aside.
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 §45-5-5.
Source:
SL 1881, ch 97, §7; CL 1887, §2022; RPolC 1903, §2556; RC 1919, §8750; SDC 1939, §42.0206.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 05 - Right-Of-Way To Mines › Section 45-5-8 - Appeals from assessment of damages--Time for taking--Service of notice upon respondent.

45-5-8. Appeals from assessment of damages--Time for taking--Service of notice upon respondent.
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 upon the respondent in the same manner as a summons is served in civil actions.
Source:
SL 1881, ch 97, §9; CL 1887, §2024; RPolC 1903, §2558; RC 1919, §8752; SDC 1939, §42.0208.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 05 - Right-Of-Way To Mines › Section 45-5-9 - Appeal bond--Approval of sureties--Amount--Conditions.

45-5-9. Appeal bond--Approval of sureties--Amount--Conditions.
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 judgment that may be rendered in the cause.
Source:
SL 1881, ch 97, §9; CL 1887, §2024; RPolC 1903, §2558; RC 1919, §8752; SDC 1939, §42.0208.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 05 - Right-Of-Way To Mines › Section 45-5-10 - Appeal from assessment of damages--Limited to amount of damages--Jury trial.

45-5-10. Appeal from assessment of damages--Limited to amount of damages--Jury trial.
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.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 05 - Right-Of-Way To Mines › Section 45-5-11 - Bond pending appeal.

45-5-11. Bond pending appeal.
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 by the clerk in double the amount of the assessment appealed from, conditioned that the respondent will pay to the appellant whatever amount the appellant may recover in the action, not exceeding the amount of the bond.
Source:
SL 1881, ch 97, §11; CL 1887, §2026; RPolC 1903, §2560; RC 1919, §8754; SDC 1939, §42.0210; SL 2011, ch 165, §189.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.