§ 45-5A-3 Definition of terms.

SD Codified L § 45-5A-3 (2019) (N/A)

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45-5A-3. Definition of terms. Terms used in this chapter, unless the context otherwise clearly requires, mean:

(1) "Agricultural production," the production of any growing grass or crop attached to the surface of the land, whether or not the grass or crop is to be sold commercially, and the production of any farm animals, whether or not the animals are to be sold commercially;

(2) "Mineral development," the exploration for or drilling of an oil and gas well or mineral test hole which requires entry upon the surface estate and was commenced subsequent to June 30, 1982, and the oil and gas production operations ensuing therefrom;

(3) "Mineral developer," the person who acquires the mineral estate or lease for the purpose of extracting or using the minerals for nonagricultural purposes;

(4) "Mineral estate," an estate in or ownership of all or part of the minerals underlying a specified tract of land;

(5) "Mineral," any substance with economic value, whether organic or inorganic, that can be extracted from the earth, including oil and gas, but excluding water;

(6) "Surface estate," an estate in or ownership of the surface of a particular tract of land;

(7) "Surface owner," the person who has possession of the surface of the land, if other than the mineral developer, either as an owner or as a lessee.Source: SL 1982, ch 304, § 3.

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§ 45-5A-2 Purpose of chapter.

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§ 45-5A-4 Compensation to surface owner for losses--Determining damages--Payment.