State of South Dakota
LEGISLATIVE ASSEMBLY, 2013
HOUSE AGRICULTURE AND NATURAL RESOURCES
ENGROSSED NO. HB 1001 - 01/15/2013
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 such as surveying and well staking. 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 45-5A 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 45-5A 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.
Section 4. That § 45-5A-5 be amended to read as follows:
45-5A-5. The mineral developer shall give the surface owner written notice of proposed
, other than exploration
at least thirty days
before the date operations are commenced. Surface disturbing activities include well site
construction, road building, grading, excavation, demolition, and related activities.
shall be given to the record surface owner at the surface owner's address as shown by the records
of the county register of deeds at the time the notice is given. This notice shall sufficiently
disclose the plan of work and operations to enable the surface owner to evaluate the effect of
drilling operations on the surface owner's use of the property. Included with this notice shall be
a form prepared by the Department of Environment and Natural Resources advising the surface
owner of his or her rights and options under this chapter.