ENTITLED, An Act to require mineral developers to give notice to surface owners before entering
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 mail.
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
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 surface
disturbing mineral development activities 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. This notice 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.
An Act to require mineral developers to give notice to surface owners before entering the land.
I certify that the attached Act
originated in the
HOUSE as Bill No. 1001
Speaker of the House
President of the Senate
Secretary of the Senate
House Bill No. 1001
File No. ____
Chapter No. ______
Received at this Executive Office
this _____ day of _____________ ,
20____ at ____________ M.
for the Governor
The attached Act is hereby
approved this ________ day of
______________ , A.D., 20___
STATE OF SOUTH DAKOTA,
Office of the Secretary of State
Filed ____________ , 20___
at _________ o'clock __ M.
Secretary of State
Asst. Secretary of State