2015 South Dakota Codified Laws
Title 43 - PROPERTY
Chapter 30A - Abandoned Mineral Interests
§ 43-30A-12 Quiet title action--Vacation of judgment--Rights of mineral lessee.
43-30A-12. Quiet title action--Vacation of judgment--Rights of mineral lessee.
Upon completion of the procedure provided in this chapter, the surface owner may maintain an action in circuit court in the county in which the minerals are located and obtain a judgment in quiet title in the owner of the surface estate. In an action brought under this section, the surface owner shall submit evidence to the circuit court establishing that all procedures required by this chapter were properly completed and that a reasonable inquiry was conducted. If the circuit court finds that the surface owner has complied with all procedures of this chapter and has conducted a reasonable inquiry, the circuit court shall issue its findings of fact, conclusions of law, and enter judgment perfecting title to the mineral interest in the surface owner.
A judgment obtained by the surface owner in compliance with this section is deemed conclusive except for fraud, misrepresentation, or other misconduct.
A mineral lessee that obtains a lease from the surface owner, which owner has obtained a judgment to minerals pursuant to this section, is deemed a bona fide purchaser and its lease remains effective in the event the judgment is subsequently vacated for any reason. The lessee is not liable to any third party for lease bonus, royalties, or any other proceeds paid to the surface owner under the lease before the judgment being vacated.
Source: SL 2013, ch 222, ยง 6.
Disclaimer: These codes may not be the most recent version. South Dakota may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
