If within a town plat the homestead must not exceed one acre in extent, and if not within a town plat, it must not embrace in the aggregate more than one hundred sixty acres. If the homestead is claimed upon any land, the title or right of possession to which was acquired or claimed under the laws of the United States, relating to mineral lands, then the area of the homestead, if within a town plat, shall not exceed one acre, and if without a town plat it must not exceed forty acres, if title thereto has been acquired as a placer claim, but if the title has been acquired under the laws of Congress as a lode mining claim, the area of such homestead shall not exceed five acres.
S.D. Codified Laws § 43-31-4
Limited area of homestead--Mineral lands
Applied in 3 court decisions — leading case In Re Davis (2004)
Most recently applied in In Re Davis (May 2004)
Source: SL 1874-5, ch 37, § 8; PolC 1877, ch 38, § 8; SL 1885, ch 65, § 2; CL 1887, § 2456; RPolC 1903, § 3224; SL 1909, ch 136; RC 1919, § 459; SDC 1939, § 51.1710.
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.