2015 South Dakota Codified Laws
Title 43 - PROPERTY
Chapter 30A - Abandoned Mineral Interests
§ 43-30A-6 Notice by surface owner required--Contents--Proof of service.
43-30A-6. Notice by surface owner required--Contents--Proof of service.
In order to succeed to the ownership of a mineral interest upon its lapse, a surface owner shall give notice of the lapse of the mineral interest by publication. The publication shall be made once each week for three weeks in the official newspaper of the county in which the mineral interest is located. If the address of the mineral interest owner is of record or can be determined upon reasonable inquiry, notice shall also be made by mailing a copy of the notice by registered or certified mail, return receipt requested, to the owner of the mineral interest within ten days after the last publication is made.
The notice shall state the name of the record owner of the mineral interest, a description of the land on or under which the mineral interest involved is located, and the name of the person giving the notice.
A copy of the notice and an affidavit of its service, if recorded in the office of the register of deeds for the county in which the mineral interest is located, is prima facie evidence in any legal proceeding that such notice has been given.
Source: SL 1985, ch 338, ยง 6.
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