45-7-6. Action by owner of lease to determine rights--Lis pendens notice--Affidavit as to demand for release not recorded.
If the owner of the lease shall, within the thirty-day period provided by the notice pursuant to §45-7-4, commence an action against the owner of said land or mineral rights to determine all rights under said lease and file for record a notice of pendency of said action, then the said affidavit shall not be recorded, but the register of deeds shall notify the owner of the land or mineral rights of the action of the lease owner.
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.