South Dakota Codified Laws 43-30A-3. Acts constituting use of interest
A mineral interest is used if:
(1) Minerals are produced by or with the express permission of the record owner of the mineral interest;
Terms Used In South Dakota Codified Laws 43-30A-3
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Joint tenancy: A form of property ownership in which two or more parties hold an undivided interest in the same property that was conveyed under the same instrument at the same time. A joint tenant can sell his (her) interest but not dispose of it by will. Upon the death of a joint tenant, his (her) undivided interest is distributed among the surviving joint tenants.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Life estate: A property interest limited in duration to the life of the individual holding the interest (life tenant).
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- Probate: Proving a will
(2) Operations are conducted for injection, withdrawal, storage, or disposal of water, gas, or other fluid substances to produce or enhance the production of minerals by or with the express permission of the record holder of the mineral interest;
(3) For solid minerals, there is production from a common vein or seam by or with the express permission of the record owner of the mineral interest;
(4) Any valid conveyance, lease, mortgage, assignment, probate distribution, termination of joint tenancy interest affidavit, termination of life estate affidavit, transfer on death deed, or any judgment or decree that makes specific reference to the record owner’s mineral interest is recorded within the last twenty-three years in the office of the register of deeds for the county in which the mineral interest is located;
(5) The mineral interest is subject to an agreement to pool or unitize;
(6) A statement of claim is recorded in compliance with § 43-30A-4; or
(7) A proper instrument describing the mineral interest has been recorded prior to an affidavit recorded under prior law pursuant to § 43-30-7, in the office of the register of deeds for the county in which the mineral interest is located.
Source: SL 1985, ch 338, § 3; SL 1987, ch 318, § 1; SL 1995, ch 167, § 185; SL 2013, ch 222, § 1; SL 2016, ch 215, § 2.