2017 South Dakota Codified Laws
Title 43 - PROPERTY
Chapter 30A - Abandoned Mineral Interests
§ 43-30A-3 Acts constituting use of interest.
43-30A-3. Acts constituting use of interest. A mineral interest is used if:
(1) Minerals are produced by or with the express permission of the record owner of the mineral interest;
(2) Operations are conducted for injection, withdrawal, storage, or disposal of water, gas, or other fluid substances to produce or enhance the production of minerals by or with the express permission of the record holder of the mineral interest;
(3) For solid minerals, there is production from a common vein or seam by or with the express permission of the record owner of the mineral interest;
(4) Any valid conveyance, lease, mortgage, assignment, probate distribution, termination of joint tenancy interest affidavit, termination of life estate affidavit, transfer on death deed, or any judgment or decree that makes specific reference to the record owner's mineral interest is recorded within the last twenty-three years in the office of the register of deeds for the county in which the mineral interest is located;
(5) The mineral interest is subject to an agreement to pool or unitize;
(6) A statement of claim is recorded in compliance with § 43-30A-4; or
(7) A proper instrument describing the mineral interest has been recorded prior to an affidavit recorded under prior law pursuant to § 43-30-7, in the office of the register of deeds for the county in which the mineral interest is located.
Source: SL 1985, ch 338, § 3; SL 1987, ch 318, § 1; SL 1995, ch 167, § 185; SL 2013, ch 222, § 1; SL 2016, ch 215, § 2.
