State of South Dakota
LEGISLATIVE ASSEMBLY, 2013
HOUSE BILL NO. 1001
Introduced by: Representatives Olson (Betty), Hawley, Hoffman, Magstadt, Rozum,
Schrempp, and Solum and Senators Sutton, Maher, Rampelberg, Rhoden, and
Tieszen at the request of the Interim Oil and Gas Study Committee
FOR AN ACT ENTITLED, An Act to require mineral developers to give notice to surface
owners before entering the land.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That chapter 45-5A be amended by adding thereto a NEW SECTION to read as
A mineral developer shall provide the surface owner, and surface lessee, if any, with at least
seven days notice by registered mail to the address shown by the records of the county treasurer
at the time the notice is given or by hand delivery prior to entry on the land for mineral
exploration activities that do not disturb the surface. This notice shall include:
(1) The name, address, and telephone number of the mineral developer or the mineral
(2) An offer to discuss the proposed exploration plan with the surface owner, and surface
lessee if any, before the exploration operations begin; and
(3) A diagram of the approximate location or the proposed drilling site.
The notice required by this section is deemed to be received by the surface owner and
surface lessee immediately, if hand delivered, and seven days after mailing if sent by registered
The notice required by this section is in addition to the notice required by § 45-5A-5.
Section 2. That chapter 45-9 be amended by adding thereto a NEW SECTION to read as
The surface owner, and surface lessee, if any, may seek actual and punitive damages in the
court of proper jurisdiction if the mineral developer fails to provide the notice required by
section 1 of this Act.
Section 3. That chapter 45-9 be amended by adding thereto a NEW SECTION to read as
The provisions of this Act do not apply if the mineral developer and surface owner or
surface lessee have an existing use agreement or contract regarding the property at issue.