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.
Structure 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 45-4-10 - Location certificate--Surface ground included and excluded.
Section 45-4-11 - Longitudinal limits of claim.
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 45-4-19 - Order for removal of obstacles in drifts or shafts.
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.