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.
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.