45-5A-4.1. Treble damages for failure to negotiate in good faith.
If any mineral developer fails or refuses to conduct good faith negotiations with the surface owner to determine damages pursuant to §45-5A-4, whether or not arising out of an existing contract or lease, the court, in any subsequent litigation arising out of the mineral developer's failure or refusal to negotiate in good faith, may, at its discretion, award treble damages on all or part of any recovery by the surface owner.
Source: SL 2013, ch 225, §1.
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.