45-5A-3. Definition of terms.
Terms used in this chapter, unless the context otherwise clearly requires, mean:
(1)"Agricultural production," the production of any growing grass or crop attached to the surface of the land, whether or not the grass or crop is to be sold commercially, and the production of any farm animals, whether or not the animals are to be sold commercially;
(2)"Mineral development," the exploration for or drilling of an oil and gas well or mineral test hole which requires entry upon the surface estate and was commenced subsequent to June 30, 1982, and the oil and gas production operations ensuing therefrom;
(3)"Mineral developer," the person who acquires the mineral estate or lease for the purpose of extracting or using the minerals for nonagricultural purposes;
(4)"Mineral estate," an estate in or ownership of all or part of the minerals underlying a specified tract of land;
(5)"Mineral," any substance with economic value, whether organic or inorganic, that can be extracted from the earth, including oil and gas, but excluding water;
(6)"Surface estate," an estate in or ownership of the surface of a particular tract of land;
(7)"Surface owner," the person who has possession of the surface of the land, if other than the mineral developer, either as an owner or as a lessee.
Source: SL 1982, ch 304, ยง3.
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.