State of South Dakota
LEGISLATIVE ASSEMBLY, 2012
|400T0345||HOUSE BILL NO. 1012|
Introduced by: The Committee on Agriculture and Natural Resources at the request of the Department of Environment and Natural Resources
the application of any interested person shall
, hold provide an opportunity for a hearing to
consider the need for the operation as a unit of one or more pools or parts thereof in a field.
Section 3. That § 45-9-41 be amended to read as follows:
45-9-41. If the plan for unit operations has not been approved as required by § 45-9-40 at the time the order providing for unit operations is made, the Board of Minerals and Environment shall upon application and notice
hold such provide opportunity for supplemental hearings as
may be required to determine if and when the plan for unit operations has been so approved.
Section 4. That § 45-9-57 be repealed.
45-9-57. On the filing of a petition concerning any matter within the jurisdiction of the
Board of Minerals and Environment that requires a hearing, the board shall promptly fix a date
for a hearing thereon, and shall cause notice of the hearing to be given. The hearing shall be held
without undue delay after the filing of the petition. The board shall enter its order within thirty
days after the hearing.
Section 5. That § 45-9-58 be amended to read as follows:
45-9-58. The notice of a hearing on any application made pursuant to this chapter shall be served either by certified mail or by
two publications in a newspaper of general circulation in
the state capital city and publication in a newspaper of general circulation in the county where
the affected land, or some part thereof, is situated. The notice prepared by the Board of Minerals
and Environment shall comply with the provisions of chapter 1-26. The applicant shall give
notice of any hearing that may affect property interests by mailing the notice by certified mail,
return receipt requested, to any person whose property may be affected by the hearing. As proof
of service, the applicant shall file with the board an affidavit declaring that the notice was
mailed and the certified mail return receipt. Any person who cannot be served notice by certified
mail may be served notice of the hearing by publication.