45-5A-1. Legislative findings.
The Legislature finds the following:
(1)It is necessary for the state to protect the public welfare of South Dakota which is largely dependent on agriculture, and to protect the economic well-being of individuals engaged in agricultural production;
(2)Exploration for and development of mineral and oil and gas reserves in this state may interfere with the use, agricultural or otherwise, of the surface of certain land;
(3)Surface owners should be justly compensated for injury to their persons or property and interference with the use of their property occasioned by mineral and oil and gas development.
Source: SL 1982, ch 304, ยง1.
Structure South Dakota Codified Laws
Title 45 - Mining, Oil and Gas
Chapter 05A - Compensation For Damages From Mining, Oil And Gas Development
Section 45-5A-1 - Legislative findings.
Section 45-5A-2 - Purpose of chapter.
Section 45-5A-3 - Definition of terms.
Section 45-5A-4 - Compensation to surface owner for losses--Determining damages--Payment.
Section 45-5A-4.1 - Treble damages for failure to negotiate in good faith.
Section 45-5A-5 - Notice to surface owner of proposed surface disturbing development activities.
Section 45-5A-5.2 - Damages for failure to provide notice.
Section 45-5A-5.3 - Exception to notice requirement.
Section 45-5A-6 - Responsibilities of developer.
Section 45-5A-7 - Time for notice of damages to developer.
Section 45-5A-8 - Offer of settlement by developer.
Section 45-5A-9 - Action for compensation.
Section 45-5A-10 - Other remedies not precluded.
Section 45-5A-11 - Motor vehicle operation excluded from chapter.