45-7-5. Affidavit as to demand for release--Filing with register of deeds.
The owner of said land or the owner of the mineral rights may then file with the register of deeds of the county where said land is situated, an affidavit setting forth that affiant is the owner of said land or mineral rights; that the lease has expired or become forfeited, reciting the facts constituting such expiration or forfeiture; and setting out in said affidavit a copy of the notice served as provided in §45-7-4 and the manner and time of the service thereof.
Source: SL 1941, ch 180, §1; SL 1943, ch 154; SDC Supp 1960, §42.0812.
Structure South Dakota Codified Laws
Title 45 - Mining, Oil and Gas
Chapter 07 - Mineral, Oil And Gas Leases
Section 45-7-1 - Discharge and cancellation of record of lease--Marginal entry on record.
Section 45-7-3 - Expiration or forfeiture of lease--Release of record.
Section 45-7-4 - Demand for release--Service upon lease owner of record--Form.
Section 45-7-5 - Affidavit as to demand for release--Filing with register of deeds.
Section 45-7-7 - Affidavit as to demand for release--Recording by register of deeds, effect.
Section 45-7-8 - Action to obtain release--Damages--Attorney fees.
Section 45-7-9 - Extension of lease on occurrence of contingency--Effect--Recording.