South Dakota Codified Laws
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.

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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.