2015 South Dakota Codified Laws
Title 43 - PROPERTY
Chapter 30A - Abandoned Mineral Interests
§ 43-30A-5 Circumstances in which failure to file statement does not extinguish interest.

43-30A-5. Circumstances in which failure to file statement does not extinguish interest.

Failure to record the statement of claim within the time period provided in § 43-30A-4 does not cause a mineral interest to be extinguished if:

(1) The owner of record of the mineral interest satisfies either one of the following requirements within sixty days after first publication of the notice provided for in § 43-30A-6:

(a) Files with the county register of deeds a statement of claim as required in § 43-30A-4; or

(b) Files with the county register of deeds documentation that at least one of the activities under § 43-30A-3 took place during the twenty-year period immediately preceding the first publication of notice;

(2) A person other than the owner of record of the mineral interest files with the county register of deeds within sixty days after the first publication of the notice provided for in § 43-30A-6 an affidavit under oath or a declaration under oath which includes an explanation of the factual and legal basis for the person's assertion of title to the mineral interest. This explanation shall be accompanied by documentation supporting the assertion or an explanation why documentation is unavailable.
Source: SL 1985, ch 338, § 5; SL 2013, ch 222, § 3.