45-5A-5.2. Damages for failure to provide notice.
The surface owner, and surface lessee, if any, may seek actual and punitive damages in the court of proper jurisdiction if the mineral developer fails to provide the notice required by §45-5A-5 or the notice required by §45-5A-5.1.
Source: SL 2013, ch 226, §2; SL 2014, ch 213, §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.