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.
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.