45-5A-5.1. Notice to surface owner and surface lessee prior to entry on land for mineral exploration activities.
A mineral developer shall provide the surface owner, and surface lessee, if any, with at least seven days notice by registered mail to the address shown by the records of the county treasurer at the time the notice is given or by hand delivery prior to entry on the land for mineral exploration activities that do not disturb the surface such as surveying and well staking. This notice shall include:
(1)The name, address, and telephone number of the mineral developer or the mineral developer's designee;
(2)An offer to discuss the proposed exploration plan with the surface owner, and surface lessee if any, before the exploration operations begin; and
(3)A diagram of the approximate location or the proposed drilling site.
The notice required by this section is deemed to be received by the surface owner and surface lessee immediately, if hand delivered, and seven days after mailing if sent by registered mail.
The notice required by this section is in addition to the notice required by §45-5A-5.
Source: SL 2013, ch 226, §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.