South Dakota Codified Laws
Chapter 04 - Location And Working Of Mining Claims
Section 45-4-1 - Discovery of lode within limits of claim essential.

45-4-1. Discovery of lode within limits of claim essential.
No location of a mining claim may be made until the discovery of the vein or lode within the limits of the claim located.

Source: SDC 1939, §42.0103 as added by SL 1955, ch 152, §1; SL 2011, ch 165, §166.

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Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 45 - Mining, Oil and Gas

Chapter 04 - Location And Working Of Mining Claims

Section 45-4-1 - Discovery of lode within limits of claim essential.

Section 45-4-2 - Conditions precedent to filing of location certificate.

Section 45-4-3 - Marking surface boundaries of claim.

Section 45-4-4 - Location certificate--Recording of claim--Contents--Validity.

Section 45-4-5 - Location certificate limited to single location.

Section 45-4-6 - Dimensions of lode claim--Determination of width by election.

Section 45-4-7 - Fee for recording and certification of location certificate--Certified copy.

Section 45-4-8 - Additional location certificate--Relocation--Existing rights of others not affected--Claimant not precluded from proving title under previous location.

Section 45-4-9 - Relocation of abandoned lode--Fixing of boundaries--Erection of new discovery monument--Contents of relocation certificate.

Section 45-4-10 - Location certificate--Surface ground included and excluded.

Section 45-4-11 - Longitudinal limits of claim.

Section 45-4-13 - Right to mine separate from right to surface--Security required of miner--Enforcement.

Section 45-4-14 - Fencing of mining claim or mineral property for protection of livestock--Duties on abandonment--Liability for damages--Violation as misdemeanor.

Section 45-4-15 - Actions involving mining claims--Proof of customs, usages, or regulations.

Section 45-4-16 - Actions involving mining claims--Survey ordered by court.

Section 45-4-17 - Order requiring survey of disputed claim--Designation of surveyor--Witnesses to examine property.

Section 45-4-18 - Order requiring survey of disputed claim to be made in open court or upon notice--Agreement--Affidavits.

Section 45-4-19 - Order for removal of obstacles in drifts or shafts.

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.

Section 45-4-21 - Trials under § 45-4-20--Evidence sufficient for conviction.

Section 45-4-22 - Writs of injunction to restore person to possession of mining property.

Section 45-4-23 - Recording required--Affidavit of labor--Recording fee.