State of South Dakota  
EIGHTY-EIGHTH SESSION
LEGISLATIVE ASSEMBLY, 2013  

619U0068   HOUSE BILL   NO.  1004  

Introduced by:    Representatives Hoffman, Hawley, Magstadt, Olson (Betty), Rozum, Schrempp, and Solum and Senators Maher, Rampelberg, Rhoden, and Sutton at the request of the Interim Oil and Gas Study Committee
 

        FOR AN ACT ENTITLED, An Act to provide for the award of treble damages in certain surface depredation cases.
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 follows:
    If any mineral developer fails or refuses to conduct good faith negotiations with the surface owner to determine damages pursuant to § 45-5A-4 or if any surface owner fails or refuses to conduct good faith negotiations with the mineral developer to determine damages pursuant to § 45-5A-4, the court, in any subsequent litigation arising out of either party's failure or refusal to negotiate in good faith, may, at its discretion, award treble damages on all or part of any recovery by the aggrieved party.

170 copies were printed on recycled paper by the South Dakota
Legislative Research Council at a cost of $.093 per page.   		.
   		Insertions into existing statutes are indicated by underscores.
Deletions from existing statutes are indicated by overstrikes.