2011 South Dakota Code
Title 45 MINING, OIL AND GAS
Chapter 04. Location And Working Of Mining Claims
§45-4-18 Order requiring survey of disputed claim to be made in open court or upon notice--Agreement--Affidavits.


SD Codified L § 45-4-18 (through 2011) What's This?

45-4-18. Order requiring survey of disputed claim to be made in open court or upon notice--Agreement--Affidavits. No such order may be made for survey and inspection except in open court or in chambers upon notice of at least six days, and only by agreement of parties or upon the affidavit of two or more persons that the survey and inspection is necessary to the just determination of the suit. The affidavits shall state the facts in the case and the necessity for the survey. No such order may be made unless it appears that the party asking for the order has been refused the privilege of survey and inspection by the adverse party.

Source: PolC 1877, ch 31, § 19; CL 1887, § 2014; RPolC 1903, § 2548; RC 1919, § 8742; SDC 1939, § 42.0117; SL 2011, ch 165, § 178.

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