South Dakota Codified Laws > Title 45 > Chapter 5A – Compensation for Damages From Mining, Oil and Gas Development


§ 45-5A-1	Legislative findings
§ 45-5A-2	Purpose of chapter
§ 45-5A-3	Definition of terms
§ 45-5A-4	Compensation to surface owner for losses–Determining damages–Payment
§ 45-5A-4.1	Treble damages for failure to negotiate in good faith
§ 45-5A-5	Notice to surface owner of proposed surface disturbing development activities
§ 45-5A-5.1	Notice to surface owner and surface lessee prior to entry on land for mineralexploration activities
§ 45-5A-5.2	Damages for failure to provide notice
§ 45-5A-5.3	Exception to notice requirement
§ 45-5A-6	Responsibilities of developer
§ 45-5A-7	Time for notice of damages to developer
§ 45-5A-8	Offer of settlement by developer
§ 45-5A-9	Action for compensation
§ 45-5A-10	Other remedies not precluded
§ 45-5A-11	Motor vehicle operation excluded from chapter

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Contract: A legal written agreement that becomes binding when signed.
Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
Dependent: A person dependent for support upon another.
Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
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}
Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
Property: includes property, real and personal. See South Dakota Codified Laws 2-14-2
Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
written: include typewriting and typewritten, printing and printed, except in the case of signatures, and where the words are used by way of contrast to typewriting and printing. See South Dakota Codified Laws 2-14-2