5-7-30. Grounds for cancellation of lease--Notice of intent to cancel and opportunity to remedy default.
The commissioner of school and public lands is hereby authorized to cancel any lease issued as provided in §§5-7-18 to 5-7-32, inclusive, for nonpayment of rentals or nonperformance by the lessee of any requirement of the lease. With the exception of the nonpayment of rentals on or before the date they are due, if any such cancellation shall be made, the commissioner must mail to the lessee or assignee, by registered or certified letter addressed to the post office address of such lessee or assignee shown by the records of the office of the commissioner, a notice of intention to cancel said lease, specifying the default for which the lease is subject to cancellation and if within thirty days after the mailing of said notice to the lessee or assignee he shall remedy the default specified in such notice, then no cancellation of said lease shall be ordered by the commissioner but, otherwise, the cancellation shall be made and all the rights of the lessee or assignee under the lease shall thereupon terminate. No notice of intention to cancel shall be required where the default is the nonpayment of rentals on or before the date they are due.
The mailing of the notice as provided in this section shall constitute notice of the intention of the commissioner to cancel the lease and no proof of receipt of such notice shall be necessary or required.
Source: SL 1931, ch 203, §8; SDC 1939, §15.0513; SL 1953, ch 45.
Structure South Dakota Codified Laws
Title 5 - Public Property, Purchases and Contracts
Chapter 07 - Minerals On School And Public Lands
Section 5-7-2 - Advertising and auction of mineral leases--Exemptions.
Section 5-7-3 - Lands subject to lease.
Section 5-7-4 - Right of entry to prospect for and remove minerals.
Section 5-7-8 - Priority to receive permit determined by application date.
Section 5-7-16 - Right of lease holder to enter sold or leased lands.
Section 5-7-17.1 - Disposition of payments for damages.
Section 5-7-18 - Oil and gas leases--Casing-head gas included.
Section 5-7-19 - Oil, gas, and geothermal exploration, development and production leases authorized.
Section 5-7-21 - Advertising of oil and gas or geothermal leases--Conduct of auction.
Section 5-7-22 - Withholding of tracts from oil, gas, other mineral or geothermal resources leasing.
Section 5-7-23.1 - Term of geothermal leases.
Section 5-7-24 - Royalty provisions in oil and gas leases--Annual rental.
Section 5-7-24.1 - Royalty provisions in geothermal leases--Renegotiation--Annual rental.
Section 5-7-25.1 - Geothermal resources--Additional provisions applicable to.
Section 5-7-26 - Leases assignable--Minimum tract assignable.
Section 5-7-28 - Grounds for refusal to approve assignment of lease.
Section 5-7-29 - Effect of approved assignment of lease.
Section 5-7-31 - Correction of mistaken land descriptions in leases.
Section 5-7-32 - Pooling agreements on behalf of state authorized.
Section 5-7-33 - Deposit of collections from leases in treasury.
Section 5-7-34 - Apportionment of receipts from leasing of school, indemnity and endowment lands.
Section 5-7-36 - Records of mineral interests and leases maintained by commissioner.
Section 5-7-37 - Rules and regulations governing leasing--Promulgation.
Section 5-7-38 - Water law provisions applicable to certain geothermal leases.
Section 5-7-39 - Validation of oil and gas leases prior to July 1, 1981.
Section 5-7-40 - Limitation of actions to contest validity of oil and gas leases.
Section 5-7-44 - Leases offered only during term of royalty increment status.
Section 5-7-45 - Commissioner authorized to issue leases for prospecting, exploration and mining.
Section 5-7-46 - Penalties for fraud.
Section 5-7-47 - Inspection of records.
Section 5-7-48 - Preferential right of lessee to renew or purchase leased lands.
Section 5-7-50 - Validity of leases prior to 1993 amendments to this chapter.
Section 5-7-51 - Relinquishment of prospecting permit.
Section 5-7-53 - Conditions warranting suspension of license--Effective date--Term of suspension.
Section 5-7-54 - Annual rental--Minimum.
Section 5-7-55 - Payment of royalty--Amount.
Section 5-7-56 - Marketing minerals.
Section 5-7-57 - Bond required--Amount.
Section 5-7-58 - Records furnished within reasonable bounds--Confidentiality of records.
Section 5-7-59 - Relinquishing lease to state.
Section 5-7-60 - Cancellation of lease by commissioner--Notice required.
Section 5-7-61 - Assignment of lease.
Section 5-7-62 - Removal of improvements and equipment upon termination--Time limit.